IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9886 of 2008(B) ------------------------- PETITIONER: ------------ BHARATH PETROLEUM CORPORATION LTD. ERNAKULAM TERRIOTRY (RETAIL) OFFICE IRUMPANAM,KOCHI 682 309 REPRESENTED BY ITS AREA MARKETING MANAGER SRI. N.RAMADORAI. BY ADV. SRI.K.I.MAYANKUTTY MATHER SMT.S.LAKSHMY RESPONDENTS: ------------- 1. ASST.COMMISSIONER(ASSESMENT-1,SPECIAL CIRCLE-II COMMERICIAL TAXES,ERNAKULAM 682 030 2. THE DEPUTY COMMISSIONER (APPEALS) COMMERICIAL TAXES,ERNAKULAM KOCHI 682 030 3. INSPECTING ASSISTANT COMMISSIONER COMMERICIAL TAXES,ERNAKULAM KOCHI 682 030 BY SHRI.K.P.PRADEEP, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- WP(C) No. 9886 of 2008 ------------------------------------ Dated, this the 25th day of March, 2008 J U D G M E N T Even though there is no scope for interference with the conditional stay granted by the appellate authority, having regard to the fact that petitioner is a public sector undertaking under the control of Government of India and since the additional demand is made for non-production of documents containing all details of sales, I modify Ext.P9 by reducing payment to Rs.1 crore as against 50% ordered by the appellate authority. Petitioner is directed to pay Rs.1 crore on or before 31/03/2008. The appellate authority is directed to take up the appeal out of turn and dispose of the same within a period of three months from the date of making payment as above. If payment is not made, entire demand can be recovered during pendency of appeal and in that case appeal will be disposed of in the usual course. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE.) Jg