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TMI Blog2020 (7) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... Ext.P4, the demand was stayed subject to deposit of 20% way back in February 2020 and the amount ordered to be deposited in one month expired on 19.03.2020. The petitioner prima facie do not require any concession but, the Tribunal ought to have imposed the condition of 20% as envisaged under Section 55(4) of the 2003 Act, though strictly not applicable to the second appeal, particularly owing to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ER/S: BY ADVS. SRI.K.P. ABDUL AZEES SMT.SHOBA ANNAMMA EAPEN SMT.T.ARCHANA RESPONDENT/S: OTHER PRESENT: GP DR. THUSHARA JAMES JUDGMENT Petitioner, a dealer in jewellery and a holder of TIN Number had earlier been paying the tax under the erstwhile Kerala Value Added Tax Act, 2003 (hereinafter called 2003 Act ). Return for the assessment year 2015-2016 was reopened under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecovered from the petitioner. The petitioner preferred a second appeal before the Tribunal along with an application for stay as evidenced by Ext.P3. 2. Since the appeal and stay application were pending and had not been taken up, petitioner approached this Court and vide order in W.P.(C).No.3 of 2020, the Tribunal was directed to dispose of the application within two months. The stay applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me owing to the attenuating circumstances but, opposes the reduction of the percentage. 4. I have heard the learned counsel for the parties and appraised the paper book. The facts as noticed above are not in dispute. It is a matter of record that the second appeal is pending adjudication before the Tribunal. On going through Ext.P4, the demand was stayed subject to deposit of 20% way back in Fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounded to ₹ 16,00,000/- to be deposited in two instalments. The first instalment to be deposited on or before 25.06.2020 and the second would fall on 25.07.2020. Thereafter on compliance of the direction, the Tribunal shall consider and decide the appeal. In case of any failure to deposit the amount, the respondents shall be at liberty to initiate action for recovery of the amount in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X
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