IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12756 of 2008(R) -------------------------- PETITIONER: ------------ M/S. N.M. MINERALS INDIA (P) LTD., MADAKKATHARA P.O. (OPP. KSEB SUB STATION), MANNUTHY, THRISSUR DIST. REPRESENTED BY ITS MANAGING DIRECTOR, B.K. NAIR. BY ADV. SRI.ARIKKAT VIJAYAN MENON SRI.HARISANKAR V. MENON RESPONDENTS: ------------- 1. COMMERCIAL TAX OFFICER (AUDIT ASSESSMENT) DEPARTMENT OF COMMERCIAL TAXES, THRISSUR. 2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES ERNAKULAM. BY G.P. SRI. C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 12756 OF 2008 -------------------------------------------- Dated this the11th day of April, 2008 JUDGMENT Since petitioner has filed appeals against KVAT assessment for the years 2005-06 and 2006-07, there will be stay against recovery proceedings till disposal of the appeals on petitioner remitting one third of the balance demand within six weeks from now. The appellate authority is directed to take up the appeals 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