IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32803 of 2008(E) -------------------------- PETITIONER(S): --------------- M/S. PAVIZHAM JEWELLERS, G.B. ROAD, PALAKAD DISTRICT, REPRESENTED BY ITS PROPRIETOR, SHRI C.V. JOBBY, BY ADV. SRI.T.M.SREEDHARAN SRI.V.P.NARAYANAN RESPONDENT(S): --------------- 1. THE INTELLIGENCE OFFICER, SQUAD NO.VII, OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE), DEPARMENT OF COMMERCIAL TAXES, PALAKKAD. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM. BY GOVERNMENT PLEADER ADV.SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 32803 OF 2008 E ```````````````````````````````````````````````````` Dated this the 7th day of November, 2008 J U D G M E N T Petitioner challenges Ext.P5 which is an order of the appellate authority granting stay of collection of penalty on condition that the petitioner pays 40% of the amount due and furnishes adequate security for the balance amount. The question involved is the levy of penalty. 2. I heard learned counsel for the petitioner and learned Government Pleader. 3. I feel that in the facts of this case, the condition of payment of 40% has to be modified. The appellate authority takes note of the fact that there is non-consideration of bailment stock and also that the petitioner has produced evidences such as copies of stock register and letter of bailment. Regarding the suppression detected out of seized records such as the bailment slips, estimate slips etc. recovered, it is stated that it is necessary to have a detailed verification of records and thereafter holding that a prima facie case is made out by the petitioner, 40% of the WPC.32803/08 : 2 : amount is directed to be paid. In such circumstances, Ext.P5 is modified and it is ordered that if the petitioner pays Rs.2.5 lakhs and furnishes security for the balance amount to the satisfaction of the assessing authority within one month from today, there will be a stay of collection of penalty till the disposal of Ext.P2 appeal. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE