IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 32065 of 2009(C) -------------------------- PETITIONER(S): --------------- PARTHASARADHY PROPERTIES PVT.LTD., 35/3076A, IST FLOOR, MADAMPIL BUILDING, THAMMANAM MAIN ROAD, PALARIVATTAM, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR GIREESA KUMAR.K. BY ADV. SRI.R.MURALEEDHARAN (AROOR) RESPONDENT(S): --------------- 1. THE COMMERCIAL TAX OFFICER (WC & LT), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 2. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KANAYANNUR. BY GOVT. PLEADER SRI.C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32065 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2009 J U D G M E N T 1. Petitioner is engaged in the business of property development and construction of residential apartments. According to the petitioner seven projects are ongoing, which were started during the year 2008. The petitioner opted for payment of tax at the compounded rate of 3% of the total turnover, for the year 2008. According to the petitioner they submitted quarterly returns and paid tax under the compounded rate. But the cheques submitted along with payment of the tax for the 2nd quarter was returned dishonoured. It is stated that due to economic rescission the allottees of the residential apartments have defaulted payments and the petitioner is in acute financial stringency. On failure in remitting tax along with the returns, revenue recovery steps were initiated at the instance of the 1st respondent and Ext.P2 notice was issued. W.P.(C)No. 32065 of 2009 -2- Subsequently Ext.P4 series of prohibitory orders are issued directing Bankers of the petitioner to stop transactions and to transmit the money standing in credit in the account of the petitioner. It is further stated that the petitioner had also effected payment of an amount of Rs.1,50,000/-, as part payment towards the defaulted amounts. Under the above circumstances, limited prayer of the petitioner is for permitting payment of the defaulted amounts in installments and to allow the petitioner to operate the bank accounts. 2. Learned Government Pleader appearing for the respondents submitted that the petitioner had committed gross default in payment of the tax amount already collected, along with the quarterly returns filed with respect to two quarters. Therefore the amount need be recovered without providing any extended time. 3. Having considered facts and circumstances of the case, I am of the opinion that the petitioner can be permitted to pay the entire liability as demanded under W.P.(C)No. 32065 of 2009 -3- Ext.P2 along with interest if any due, within a reasonable time, in installments. 4. Accordingly the writ petition is disposed of directing the petitioner to make payment of the amount under Ext.P2 notice in four (4) equal monthly installments falling due on or before 15.12.2009 and on or before the 15th day of three (3) succeeding months. 5. The respondents are directed to issue necessary proceedings withdrawing prohibitory orders issued as per Ext.P4 series, on condition of the respective Banks transmitting the amounts standing credit in the petitioner's accounts as on today. Needless to say that the amount so transmitted shall be adjusted against the arrears due from the petitioner. C.K. ABDUL REHIM JUDGE shg/