EUREKA FORBES LIMITED v. THE ASSISTANT COMMISSIONER

V.GIRI,J.-------------------------W.P ( C) No. 9743 of 2008--------------------------Dated this the 26th March, 2008J U D G M E N TPetitioner, who is an assessee to sales tax under the KeralaValue Added Tax Act, 2003, has preferred Exhibit P8 appealagainst Exhibit P1 order of assessment in relation to theassessment year 2003-2004. It has also moved Exhibit P9application for stay. But it is aggrieved that recoveryproceedings have been taken, as evidenced by Exhibit P11,pending orders on Exhibit P9 application for stay.

Learned counsel for the petitioner submits that appealfiled by the assessee for the previous assessment year has beenallowed in favour of the petitioner. These facts do not seem tobe reflected in Exhibit P9 application for stay. Nevertheless it isopen to the petitioner to bring this to the notice of the appellateauthority.

After having heard the Learned counsel for thepetitioner and the learned Government Pleader, the writ petitionis disposed of directing the 2nd respondent to pass orders on W.P ( C) No. 9743 of 20082Exhibit P9 application for stay, within a period of four weeksfrom the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment before the2nd respondent on or before 4.4.2008. Enforcement of ExhibitP11 shall be kept in abeyance for a period of six weeks fromtoday and thereafter be subject to the orders to be passed on Exhibit P9 in the manner aforementioned. (V.GIRI, JUDGE)ma W.P ( C) No. 9743 of 20082K.THANKAPPAN,JCRL.A. NO.92 OF 1999ORDER 25th May, 2007 W.P ( C) No. 9743 of 20082Common issues are raised forconsideration in all these writpetitions. Reference is made tothe facts in Writ PetitionNo.4562/2008 for the sake ofconvenience.