K. M. Joseph, J. The appellant is the petitioner. The appellant is faced with the proceedings under the Kerala Value Added Tax and recovery proceedings made pursuant to the same. There was an application to condone the delay in filing the appeal. There was also application to stay recovery proceedings pending consideration of the appeal.
2. The learned Single Judge disposed of the writ petition directing that if the appellant deposits 1/3rd of the tax demanded on or before 31/3/2014, proceedings will be kept in abeyance as ordered in the judgment.
3. We heard the learned counsel for the appellant and the learned Government Pleader for the respondent. The learned counsel for the petitioner stresses financial stringency. He also submits that he had given 40 Lakhs towards advance tax. Regarding the advance tax the learned Government Pleader would submit demand notice has been issued after considering the amount alleged to be deposited as advance tax also.
4. The only relief, which we think, can be granted in this appeal is to grant further time to the appellant to comply with the conditions imposed in the impugned judgment. Accordingly, We grant two months time from today for complying with the conditions imposed in the judgment.
We further modify the judgment holding that recovery be kept in abeyance also provided the appellant furnishes bond with sureties for the balance amount. On complying with the conditions, the delivery notes will be issued to him as per law.
Sd/-
K. M. JOSEPH, JUDGE Sd/-
K.ABRAHAM MATHEW, JUDGE dpk.
/true copy/ PS to Judge.