RISHAB ENTERPRISES Vs. APPELLATE ASSISTANT COMMISSIONER (COMMERCIAL TAXES) II AND COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) The petitioner prays for the issue of a Writ of Certiorarified Mandamus, calling for the records of the first respondent in SP. No. 22 of 2005 in AP No. 45 of 2005 dated 23.03.2005 and quash the order dated 2 3.03.2005 and further direct the first respondent to grant an absolute stay for balance of tax and entire penalty without insisting upon furnishing of security in the form of immovable property or Bank Guarantee pending disposal of the appeal on the file of the first respondent.

(2.) Mr. Manohar Sundaram, learned Special Government Pleader takes notice for respondents.

(3.) It is seen from the records that the petitioner has already paid 50% of the tax amount before the appellate authority and while granting stay, the appellate authority directed the petitioner to furnish bank guarantee for the balance 50% of the tax and penalty. Aggrieved by the said direction, the petitioner has come forward with the present writ petition.