Being aggrieved of Exts.P1 and P2 assessment orders, the petitioner had approached the 3rd respondent by filing Exts.P3 and P4 appeals along with Exts.P5 and P6 petitions for stay. After considering the I.As for stay the 3rd respondent passed Exts.P7 and P8 orders directing the petitioner to satisfy a sum of 10 lakhs each, in respect of the defaulted liability, so as to avail the benefit of interim stay during pendency of the appeals. This in turn is under challenge in this writ petition.
2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.
3. The learned counsel for the petitioner points out that, the proceedings have been finalised by the original authority ie; the 2nd respondent without any regard to the actual facts and figures and hence challenged by way of appeals. It is also pointed out that the proceedings came to be finalised for want of necessary returns to be filed on time. But the petitioner has WP(c). No.29661 of 2014 2 subsequently filed returns and satisfied the entire tax with interest and such other charges. This aspect has not been considered by the Appellate Authority while passing the interim orders. It is also pointed out that the condition now mulcted upon the shoulders of the petitioner amounts nearly to 40% of the disputed liability; whereas, the Government itself has issued notification vide Ext.P9, by way of the amendment brought about to the Rules by incorporating Rule 72A, enabling the assessee to avail the benefit of interim stay during pendency of the appeal, subject to satisfaction of 30% of the disputed liability. The learned counsel for the petitioner submits that the petitioner is ready to satisfy the liability to the said extent and seeks for some breathing time to effect the deposit, in view of the fact that the time stipulated in Exts.P7 and P8 is already over.
4. After hearing both the sides, the amount shown in Exts.P7 and P8 is varied and reduced to '30%' of the disputed liability and the petitioner is granted a further period of 'two weeks' to satisfy the condition, subject to which, the petitioner shall continue to enjoy the benefit of interim stay during pendency of the appeals.
WP(c). No.29661 of 2014 3 The matter stands disposed of. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the concerned respondent for further steps.
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P.R. RAMACHANDRA MENON, JUDGE.
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