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. 9840 of 2008(U) ------------------------- PETITIONER: ------------ T.K. AJITH KUMAR, LAKSHMI ENTERPRISES, 39/1038, UDYARASHMI, KARAKKAT ROAD, ERNAKULAM, COCHIN-16, REPRESENTED BY THE POWER OF ATTORNEY HOLDER,SRI.T.K.PREMANAND. BY ADV. SRI.R.MURALIDHARAN (AROOR) RESPONDENTS: ------------- 1. THE ASSISTANT COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE-II, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 2. THE DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 3. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM. 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. 9840 of 2008 ------------------------------------ Dated, this the 25th day of March, 2008 J U D G M E N T Even though it is not proper for this Court to consider the case on merits, when appeal is pending before the statutory authority, having regard to the contention raised that the petitioner has paid differential tax and interest later, the writ petition is disposed of modifying Ext.P16 order by reducing payment to 25% as condition for stay. Petitioner is granted time till 31/03/2008 for making payment of the above amount. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg