IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10803 of 2011(A) --------------------------------------- PETITIONER(S): ------------------------ HDFC BANK LIMITED, ELMAR SQUARE, M.G.ROAD, RAVIPURAM, ERNAKULAM, KOCHI 682 016 REPRESENTED BY MR.JIBIN PAUL MANAGER. BY ADV. SRI.JOSEPH JERARD SAMSON RODRIGUES SRI.ROVIN RODRIGUES RESPONDENT(S): --------------------------- 1. THE ASSISTANT COMMISSIONER SPECIAL CIRCLE-1 COMMERCIAL TAXES, ERNAKULAM KOCHI 682 015. 2. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,ERNAKULAM KOCHI 682 015. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES,KAKKANAD, ERNAKULAM KOCHI 682 030. R1 TO R3 BY GOVERNMENT PLEADER SRI. V.K. SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.10803 of 2011 ------------------------------------------- Dated this the 5th day of April, 2011 J U D G M E N T ---------------------- Aggrieved by Ext.P2(a), P2(b) and P2(c) rectified orders of assessments issued with respect to the years 2006-07, 2007-08 and 2008-09, the petitioner had preferred appeals as evidenced from Ext.P5, P6 and P7, before the 2nd respondent. Contention of the petitioner is that as per the position clarified through Ext.P1, which is confirmed through Ext.P3 Judgment issued by this court in O.T.Appeal.5/2010, the petitioner is liable for payment of tax only with respect to gold bars upto 10 gms and that they are not liable for payment of any amount of tax with respect to the sales of gold bars having weight above 10 gms. According to petitioner, the appeals in question are pending consideration and disposal before the 2nd respondent. It is further pointed out that while rectifying the assessments as per Ext.P2 series orders the authority had failed in giving proper effect to the directions issued by this court in Ext.P4 Judgment. At present the petitioner is threatened with coercive steps of recovery on the basis of Ext.P8 notice. Under such circumstances the petitioner seeks interference of this court to W.P.(C).10803/11 -2- direct an early disposal of the appeals and till then to stay the recovery steps. 2. It is submitted by learned counsel for petitioner that the petitioner is ready and willing to make payment of the balance amount calculated on the basis of tax liability with respect to the sale of gold bars having weight upto 10 gms, which according to the petitioner will come around Rs.15,81,019/-. 3. Heard; Government Pleader appearing on behalf of respondents. Considering the fact that statutory appeals are pending consideration and disposal before the 2nd respondent, I need not go into merits of the contentions raised. It is evident that the position now stands clarified through Ext.P3 Judgment. Hence I am of the opinion that the writ petition can be disposed of directing the appellate authority to have an early disposal of the appeals and till then to restrain recovery steps subject to imposition of conditions. 4. Hence the writ petition is disposed of directing the 2nd respondent to pass orders on Ext.P5, P6 and P7 at the earliest possible, after affording an opportunity of hearing to the petitioner, at any rate, within a period of three months from the date of receipt of a copy of this Judgment. W.P.(C).10803/11 -3- 5. Till such time the appeals are disposed of as directed above, the respondents are restrained from recovering amounts covered under Ext.P2 series orders of assessments, which is now initiated on the basis of Ext.P8 notice, subject to condition of the petitioner remitting a sum of Rs.16,00,000/- (Rupees sixteen lakhs only) within a period of three weeks from today and also on furnishing security bond for the balance amount. C.K.ABDUL REHIM, JUDGE. okb