✦ Kerala High Court · 23 Jul 2008

OMEGA HERITAGES v. COMMERCIAL TAX OFFICER

WP(C) No. 16998 of 2008K M JOSEPH2 min read

Judgment

WPC. 16998/08 W222.5.2008 which is the same day on which Ext.P6 finalassessment order was passed. In Ext.P7 what is stated is that the Day Book was returned on the same day of verification on30.8.2007, to the person who produced the same, after markinginitial with date on page No.78 of the Book. 2. A Counter Affidavit is filed on behalf of the respondenton the same lines, producing Ext.R1 series which areadjournment applications and notices. I would think that this isa case where the petitioner can be relegated to prefer Appealagainst the assessment order. In order to facilitate preferring of Appeal and filing application seeking interim order before the Appellate Authority, the Writ Petition is disposed of as follows: If the petitioner prefers Appeal within two weeks from thedate of receipt of a copy of this Judgment, the Appeal will beconsidered on merits. It is also open to the petitioner to moveapplication seeking interim order. In order to facilitate the WPC. 16998/08 W3matter, recovery steps initiated against the petitioner shall bekept in abeyance for a period of one month from today. Sd/= K. M. JOSEPH, JUDGEkbk.// True Copy//PS to Judge

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