IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6668 of 2011(G) -------------------------------------- PETITIONER(S): ---------------------- MS. REVATHY TRADERS., CHALAPPURAM, CALICUT, REPRESENTED BY PARTNER K.G. GOPIKRISHNAN. BY ADV. SRI.P.RAGHUNATH, SRI.PREMJIT NAGENDRAN. RESPONDENT(S): -------------------------- 1. COMMERCIAL TAX OFFICER, THIRD CIRCLE, KOZHIKODE-673 006. 2. KERALA VAT APPELLATE TRIBUNAL, ERNAKULAM-682 015. R1 & R2 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.6668 of 2011 ------------------------------------------- Dated this the 8th day of March, 2011 J U D G M E N T ---------------------- With respect to the year 2007-08, assessment was completed against the petitioner as per Ext.P1 order. Aggrieved by Ext.P1, which was confirmed through Ext.P2 appellate order, the petitioner had filed statutory appeal before the 2nd respondent, as per Ext.P3. Stay petition as per Ext.P4 was also filed along with the appeal. It is stated that the 2nd respondent has not yet considered either the appeal or the stay application. Grievance of the petitioner is that recovery steps are now being proceeded against for realising amounts of tax in dispute, on issuing arrear notice as per Ext.P5, without considering pendency of the appeal. Hence the petitioner seeks direction to keep in abeyance the recovery steps till the disposal of the appeal. 2. It is submitted that the only dispute in the appeal pertains to rate of tax applicable for the products, “Ujala Supreme” and “Ujala Stiff & Shine” dealt with by the petitioner. It is further submitted that the question is now pending consideration in various other cases filed by the manufacturer as well as other dealers, awaiting decision on the issue from the Hon'ble Supreme Court and from this court. It is pointed out W.P.(C).6668/11 -2- that this court had granted stay against recovery of the tax amounts in dispute in many other cases, pending disposal of such appeals, subject to condition of payment of 1/3rd of the amounts. Hence I am of the opinion that a similar relief can be granted in this case also. 3. In the result the 2nd respondent is directed to consider and dispose of Ext.P3 appeal, after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment. 4. Realisation of amounts covered under Ext.P1, which is confirmed in Ext.P2 order and which is now sought to be recovered through Ext.P5 notice, shall be kept in abeyance subject to condition of the petitioner remitting 1/3rd of the tax amount in dispute and also on furnishing security bond for the balance amount, within two weeks from the date of receipt of a copy of this judgment. 5. The petitioner will produce a copy of this judgment before the 2nd respondent. C.K.ABDUL REHIM, JUDGE. okb