SEPR REFRACTORIES INDIA LIMITED Vs. THE INTELLIGENCE INSPECTOR, SQUAD NO. IV, DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM

JUDGEMENT

(1.) The petitioner is aggrieved by Ext.P6 order passed by the second respondent imposing a penalty of Rs. 3,38,650/- equal to double the amount of tax attempted to be evaded. Further direction therein is to adjust the security deposit by way of bank guarantee (Central Bank of India) towards the penalty imposed. Learned counsel for the petitioner submitted that already the petitioner has filed Ext.P7, a statutory appeal along with a stay petition Ext.P8. It is further pointed out that in the meanwhile, if the security deposit is adjusted, it will cause hardship to the petitioner, since on the merits also the petitioner has got a fair chance to succeed.

(2.) Heard the learned Government Pleader. Since the appeal is pending, there will be a direction to the fourth respondent to take a decision on the appeal filed by the petitioner as evident from Ext.P7 within a period of two months from the date of receipt of a copy of this Judgment. In the meanwhile, the implementation of Ext.P6 will be kept in abeyance. But, the bank guarantee will be renewed as on the due date awaiting the orders of the appellate authority. The writ petition is disposed of as above. No costs.