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TMI Blog2013 (5) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... Ext. P6 order granting conditional stay, to strike a balance in between, this Court finds it fit and proper to modify the condition imposed vide Ext. P6. Accordingly, the petitioner is directed to satisfy a sum of 'One lakh Rupees' and to furnish security for the balance amount, so as to avail the benefit of interim stay during the pendency of appeal. In view of the fact that the time granted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat, though the petitioner filed an application for rectification with regard to the input tax credit, the same came to be dismissed as per Ext. P2 order passed by the second respondent. Met with the situation, the petitioner filed Ext. P3 appeal along with Ext. P4 petition for stay before the 3rd respondent. In the meanwhile, the petitioner was confronted with revenue recovery proceedings. It was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of input tax credit, which made the petitioner to file the application for rectification. It is also pointed out that, by virtue of the law declared by a Division Bench of this Court in U.K. Monu Timbers Vs. State of Kerala [2012 (3) KHC 111], the penalty imposed, based on beyond the 'estimated turn over' is not correct or sustainable. 4. Heard the learned Government Pleader as well, who submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leading to Ext. P6 order granting conditional stay, to strike a balance in between, this Court finds it fit and proper to modify the condition imposed vide Ext. P6. Accordingly, the petitioner is directed to satisfy a sum of 'One lakh Rupees' and to furnish security for the balance amount, so as to avail the benefit of interim stay during the pendency of appeal. The merit of the appeal will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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