2018 (5) TMI 462 - HC - VAT and Sales Tax

Stay of Recovery proceedings - petitioner prays that the recovery against him be interdicted at least until such time as the stay petition is considered by the Appellate Tribunal - Held that - the petitioner can be given some respite from the rigor of recovery, at least until such time as his stay petition is considered by the Appellate Tribunal - Until such time as the Appellate Tribunal passes an order on the stay petition, and communicates the same to the petitioner, all steps for recovery of amounts against the petitioner, confirmed through Ext.P1 assessment order, shall be kept in abeyance - petition allowed.

Summary

Issues:
1. Action for recovery initiated by competent authorities post assessment order.
2. Pending appeal and stay application before the Appellate Authority.
3. Request for stay on recovery until Appellate Tribunal's decision.

Analysis:
1. The petitioner challenged the recovery action taken post an assessment order (Ext.P1) against him. He had already filed an appeal and a stay application (Exts. P2 and P3) before the Appellate Authority, seeking relief from recovery pending the appeal's decision. The petitioner sought a halt on recovery until the Appellate Tribunal reviewed his stay petition.

2. The Government Pleader argued that due to the substantial amount involved, granting a stay without terms might not be suitable. However, the Court acknowledged the petitioner's situation and previous similar orders, deciding to provide relief from recovery until the Appellate Tribunal's decision on the stay application.

3. The Court ordered the Kerala Value Added Tax Appellate Tribunal to expedite the review of the appeal and stay petition (Ext.P2 and Ext.P3) within one month from the judgment's receipt. Until the Tribunal communicated its decision on the stay petition to the petitioner, all recovery actions based on the assessment order (Ext.P1) were to be suspended. The petitioner was directed to present a certified copy of the judgment and writ petition to the Tribunal to initiate the specified timeframe for the Tribunal's decision.

This detailed analysis covers the issues raised in the judgment, outlining the petitioner's concerns, the Government Pleader's response, and the Court's decision to provide relief from recovery pending the Appellate Tribunal's decision on the stay application.