NEW ZEENATH TEXTILES v. COMMERCIAL TAX OFFICER - I, MANJERI
2011-07-15
S.SIRI JAGAN
body2011
DigiLaw.ai
JUDGMENT Against Ext. P1 assessment order the petitioner filed Ext. P2 appeal along with Ext. P3 application to condone the delay and Ext. P4 application for stay of recovery of the disputed tax. The petitioner is aggrieved by the recovery proceedings initiated by the assessing authority pending the appeal. The petitioner seeks stay of recovery till the appellate authority gets an opportunity to consider the stay petition. The learned Government Pleader points out that since there is delay in filing the appeal, the appellate authority cannot consider the stay petition without first considering the petition to condone the delay. After hearing both sides, I dispose of this writ petition with the following directions : The 2nd respondent shall consider the petition to condone the delay as well as the stay petition together within one month. If the 2nd respondent is inclined to condone the delay in filing the appeal, the 2nd respondent shall consider and pass orders on the stay petition as well. Till disposal of the stay petition, the coercive recovery proceedings shall shall be kept in abeyance.