Petitioner challenges Ext. P5 order of stay granted by the Assistant Commissioner (Appeals), Kozhikode, directing the petitioner to pay 40% of the demand and on furnishing adequate security to the satisfaction of the Assessing Authority for the remaining balance within one month of receipt of the order. The contention of the petitioner is that the petitioner has valid contentions to be urged in the above appeal. According to the petitioner, the respondent had proceeded on the premise that the petitioner had issued 300 bills for the sale of cement and 300 bills for the sale of steel. This, according to the petitioner, is not valid and is liable to be set aside. 2. As far as the merits of the case is concerned, I do not think that this Court will be justified in accepting the contention urged by the petitioner. The Appellate Authority has, however, considered the contentions of the petitioner and having regard to the dispute raised, it was found that a conditional stay can be granted on certain conditions.
3. The learned counsel for the petitioner relied upon a judgment of this Court in Archana Agencies v. Commercial Tax Officer, 2014 (2) KLT 715 to contend W.P(C) No. 25743 of 2014 -: 2 :-
that sufficient reason has not been stated by the Appellate Authority.
4. Having regard to the assessment order passed and the materials placed on record, I do not think that the Appellate Authority was not justified in exercising discretion. Having regard to the quantum of amount involved in the matter, taking into consideration the argument of the learned counsel for the petitioner as well as the learned Government Pleader, I am of the view that the direction to pay 40% as condition for stay can be reduced to 20%. Accordingly, the writ petition is disposed of as under:
The direction to pay 40% of the demand on Ext. P5 shall be modified to that of payment of 20%. Other directions shall remain in force. Petitioner shall deposit the amount within a period of one month from the date of receipt of a copy of this judgment. The Appellate Authority shall take all endeavours to dispose of the appeal within six months.
Tds/ Sd/-
A.M. Shaffique, Judge.