FIRST REALITY (A REGD. PARTNERSHIP FIRM) OFFICE AT THE LOTUS KREST SITE NO. 1A. SY. NO. 18/1, GREEN DOMAIN KUNDALAHALLI. MAHADEVAPURA POST BANGALORE - 560048 REP. BY ITS MANAGING DIRECTOR MR. N. SREENIVAS Vs. M/S. ASST COMMISSIONER OF COMMERCIAL

JUDGEMENT

(1.) IN these cases, the petitioner has sought, for quashing the order at Annexure -J dated 29.6.2011 passed by the Special JMFC (Sales Tax) Sheshadripuram, Bangalore. The respondent has passed the orders of assessment under section 12(A) of the Karnataka Sales Tax Act, 1957 (for short the 'Act'), for the assessment years 2002 -03 to 2004 -05 as per the orders at Annexures -C to E, dated 1.6.2009, and the demand notices have also been issued to the petitioners in terms of the aforsaid orders. Since the petitioner failed to deposit the amount in terms of the said demand notices, the respondent has initiated proceedings under section 13(3)(b) of the Act before the competent authority for recovery of the amount in question. Therefore, the petitioner has filed these writ petitions for quashing of the said proceedings.

(2.) SRI . M. Srinivas, Managing Partner of the petitioner Firm is present before the Court. Learned Counsel for the petitioner, after taking instructions from Sri. M. Srinivas, submits that the petitioner may be granted reasonable time to pay the tax in question. It is submitted that the petitioner does not dispute the quantification of the tax as per the order of assessment under section 12(A) of the Act. Having regard to the facts and circumstances of the cases, I am of the view that it is just and proper to permit the petitioner to pay the amount in question in monthly instalments. The petitioner is directed to pay 10,00,000/ -(Rupees Ten Lakhs only) per month till the entire amount is paid in terms of the aforesaid order. The 1st installment of 10,00,000/ - (Rupees Ten Lakhs only) shall be deposited with the respondent on or before 1.9.2011. The petitioner shall deposit Rs. 10,00,000/ - (Rupees Ten Lakhs only) in the first week of every month after payment of first instalment as above. In case the petitioner falls to deposit any of the instalments, liberty is reserved to the respondent to recover the balance of the amount in accordance with law. In view of the order as above, the proceedings in C. Misc. No. 79/2010 pending on the file of the JMFC (Sales Tax), Sheshadripuram. Bangalore, is stayed. The said proceedings shall be closed after the petitioner deposits the entire amount in terms of this order. The unit petitions are disposed of accordingly.