Challenging Ext.P1 penalty order under the KGST Act in respect of assessment year 2012 - '13, the petitioner has preferred Ext.P2 appeal along with Ext.P3 petition for stay. The second respondent after considering the interlocutory application for stay passed Ext.P4 order directing the petitioner to satisfy 40% of the balance amount as an interim measure, so as to avail the benefit of interim stay during pendency of the appeals. This made the petitioner to approach this Court, challenging the condition.
2. Heard the learned Government Pleader as well, who submits that Ext. P4 is a reasoned order. The course pursued by the petitioner is evident from Ext. P4 order. The relevant observation therein reads as follows:
“But the assessing authority observed that filing of untrue and incorrect returns and cooked up books of accounts with a malicious motive to evade tax is clearly evident in the present case which warrants penalty u/s 45A of the KGST Act.”
W.P.(C) No. 30625 of 2014 : 2 :
3. After hearing both the sides, this Court finds that the actual facts will have to be considered by the appellate authority while considering the appeal preferred by the petitioner. However considering the extent of liability i.e. mulcted upon the petitioner, this Court finds it fit and proper to scale down the same to 30 %. Since the time stipulated in Ext.P4 is already over, the petitioner is granted two weeks' time from today to satisfy the requirement. Subject to satisfaction of requirement as above, the petitioner shall continue to avail the benefit of interim stay during pendency of appeal.
Petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps.
The Writ Petition is disposed of.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)