The petitioner is aggrieved of the recovery proceedings pursued by the respondents invoking the machinery under the RR Act, for realisation of amount stated as due in respect of sale value of industrial kerosene and tax payable on such purchase. The case of the petitioner is that the petitioner was supplied industrial kerosene and has to effect the sale at the specified rate fixed by the Government. Because of adverse market conditions and such other reasons, the petitioner could not carry out the business operation successfully and suffered huge loss. It is stated that ultimately the petitioner was compelled to close down the business as well. In the course of further proceedings, steps were taken to realise the amount stated as due from the petitioner as mentioned above, which made the petitioner to approach this Court by filing the writ petition. The prayer is to enable the petitioner to liquidate the liability in a phased manner.
2. Heard the learned counsel for the petitioner as well as WP(C) 32393 of 2014 2 the learned Government Pleader appearing for the respondents.
3. The learned Government Pleader points out that the RR proceedings now being pursued against the petitioner are only in respect of the sale value of industrial kerosene. The learned counsel for the petitioner submits that the tax liability has already been cleared by the petitioner. It is also pointed out that a sum of ₹1.5 lakhs was remitted in early November of this year and another ₹1.5 lakhs was remitted by the end of November. The learned counsel further submits that the balance liability is around ₹10 lakhs.
4. After hearing both the sides and considering the limited relief sought for, this Court does not find it necessary to go to the facts and figures. The entire outstanding liability including the collection charges and subsequent interest shall be cleared by the petitioner by way of 'ten' instalments. The initial nine instalments shall be @ 1 lakh each and the last/10th instalment shall be for the balance amount so as to top up the figure. The first instalment shall be effected on or before 31st December, 2014, followed by similar instalments to be effected on or before the last working day of the succeeding months. Subject to this, WP(C) 32393 of 2014 3 the recovery proceedings, if any, shall be kept in abeyance for the time being. It will be open for the respondents to proceed with further steps, if the payments are not effected as above. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
The writ petition is disposed of.
stu P.R.RAMACHANDRA MENON , JUDGE.