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Kerala High Court

M/S.Cmj Granite vs The Inspecting Assistant Commissioner on 31 May, 2016

Author: A.M.Shaffique

Bench: A.M.Shaffique

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

            THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

     WEDNESDAY, THE 22ND DAY OF JUNE 2016/1ST ASHADHA, 1938

                  WP(C).No. 21115 of 2016 (L)
                  ----------------------------

PETITIONER:
-----------

            M/S.CMJ GRANITE,
            MARIYAPURAM, IDUKKI-685602,
            REPRESENTED BY ITS MANAGING PARTNER
           SEBASTIAN C.JACOB.


            BY ADVS.SRI.HARISANKAR V. MENON
                   SMT.MEERA V.MENON

RESPONDENT(S):
--------------

          1.THE INSPECTING ASSISTANT COMMISSIONER,
            DEPARTMENT OF COMMERCIAL TAXES,
            IDUKKI AT KATTAPPANA-685 515.

          2.STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY,
            TAXES DEPARTMENT,GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.


             BY GOVERNMENT PLEADER SMT.LILLY.K.T


       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION
       ON  22-06-2016, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:


mbr/

WP(C).No. 21115 of 2016 (L)
----------------------------

                            APPENDIX

PETITIONER(S)' EXHIBITS:
-----------------------

EXHIBIT P1:     COPY OF ASSESSMENT ORDER ISSUED BY THE
                IST RESPONDENT FOR THE YEAR 2013-14
                DATED 31.5.2016.

EXHIBIT P2:     COPY OF JUDGMENT IN WPC NO.9013/16 OF THIS
                HON'BLE COURT DATED 31.5.2016.


RESPONDENT(S)' EXHIBITS:        NIL
-----------------------


                                           //TRUE COPY//


                                           P.S. TO JUDGE

mbr/



                          A.M.SHAFFIQUE, J
                          * * * * * * * * * * * *
                       W.P.C.No.21115 of 2016
                    ----------------------------------------
                Dated this the 22nd day of June 2016


                           J U D G M E N T

Petitioner has approached this Court seeking time for payment of the amount demanded in terms of Ext.P1 assessment order.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. Having regard to the limited request made by the petitioner, I am of the view that some indulgence can be shown to the petitioner.

Accordingly, this writ petition is disposed of as under:

i) The petitioner is permitted to pay the amount demanded in terms of Ext.P1 assessment order in six equal monthly instalments starting from 21/07/2016.
ii) If the amounts are paid, as aforesaid, the recovery proceedings shall be kept in abeyance. W.P.C.No.21115/2016 2
(iii) If there is any default in payment of any of the aforesaid amounts, recovery proceedings can be initiated, in accordance with law.

(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr