M/S.Rmp Infotec Private Limited vs The Sales Tax Officer on 28 November, 2007

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Kerala High Court

M/S.Rmp Infotec Private Limited vs The Sales Tax Officer on 28 November, 2007

Bench: Antony Dominic

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 35067 of 2007(Y)


1. M/S.RMP INFOTEC PRIVATE LIMITED,
                      ...  Petitioner

                        Vs



1. THE SALES TAX OFFICER,
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS),

3. THE VILLAGE OFFICER,

4. THE INTELLIGENCE OFFICER,

                For Petitioner  :SRI.BOBBY JOHN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/11/2007

 O R D E R
                                    Antony Dominic, J.

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                              W.P.(C) No.  35067 of  2007

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                  Dated this the  28th day of  November, 2007


                                        JUDGMENT

Against Ext.P6 order of assessment for the year 2002-'03, the petitioner has filed Ext.P7 appeal before the 2nd respondent with Ext.P8 petition for early hearing of the appeal and Ext.P9 petition for stay. While the appeal and the petitions are pending before the 2nd respondent, revenue recovery proceedings have been initiated by Exts.P10 and P11 notices.

2. The petitioner submits that while total liability is Rs.1,06,000/-, more than Rs.1,25,000/- is due to be refunded to him. Since the matter is pending consideration before the 2nd respondent appellate authority, I dispose of this writ petition directing the 2nd respondent to consider Ext.P9 stay petition as expeditiously as possible and at any rate within three weeks from the date of production of copy of this judgment. In the meanwhile, further proceedings pursuant to Exts.P10 and P11 notices will be deferred for a period of four weeks.

3. It is also submitted that a direction may be issued to the 1st respondent to return Ext.P12 series of certificates to the petitioner. In the circumstances, the 1st respondent is directed to consider the matter and shall WPC 35067/2007 2 pass orders as expeditiously as possible and at any rate within six weeks from the date of production of a copy of this judgment.

The writ petition is disposed of as above.

Antony Dominic, Judge.

mn.

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