IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12190 of 2008(A) -------------------------- PETITIONER: ------------ V.M.MOHAMMED, SCRAP IRON DEALER, MUSLIM STREET, ERNAKULAM. BY ADV. SMT.S.K.DEVI SRI.M.RAJ MOHAN RESPONDENTS: ------------- 1. THE COMMERCIAL TAX OFFICER, (AUDIT ASSESSMENT), C/O.THE DEPUTY COMMISSIONER (AA), ERNAKULAM - 682 015. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM-682 015. 3. THE INSPECTING ASST. COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM-682 030. BY G.P. SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 12190 OF 2008 -------------------------------------------- Dated this the 9th day of April, 2008 JUDGMENT Since petitioner has filed appeal against KVAT assessment for 2005-06 there will be stay against recovery proceedings till disposal of the appeal on petitioner remitting one third of the demand within one month from now. The appellate authority is directed to take up the appeal out of turn and dispose of the same within three months from the date of making payment as above. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2