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of <h1>Court modifies stay condition, emphasizes deposit compliance & sets appeal resolution deadline</h1> <h3>P.A. ALIKUNJU Versus THE COMMERCIAL TAX OFFICER II, ERNAKULAM, KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, ERNAKULAM AND STATE OF KERALA, ERNAKULAM</h3> P.A. ALIKUNJU Versus THE COMMERCIAL TAX OFFICER II, ERNAKULAM, KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, ERNAKULAM AND STATE OF KERALA, ERNAKULAM - TMI Issues:Petitioner aggrieved by orders in Exts.P1 to P1(i) and P2 to P2(i) filed statutory appeals-Exts.P3 to P3(i)-before the second respondent. The second respondent granted stay on condition of depositing 50% of the demand. The Court directed the petitioner to deposit 20% of the demand within two weeks. The Court modified the condition imposed in Ext.P4 due to substantial compliance.Analysis:1. Statutory Appeals and Stay Order: The petitioner, aggrieved by orders in Exts.P1 to P1(i) and P2 to P2(i), filed statutory appeals-Exts.P3 to P3(i)-before the second respondent. The second respondent, through Ext.P4 order, granted a stay on the condition that the petitioner must deposit 50% of the demand. The Court later directed the petitioner to deposit 20% of the demand within two weeks from a specified date. The petitioner complied with this condition, leading to a modification of the stay condition by the Court due to substantial compliance.2. Modification of Stay Condition: Considering the substantial compliance with the condition, the Court modified the stay condition imposed in Ext.P4. As the petitioner had already deposited 40% of the demand, the Court stayed the orders in Exts.P1 and P2. The petitioner was directed to execute a simple bond for the balance amount within three weeks from the modification date. Additionally, the Tribunal or second respondent was instructed to consider and dispose of the appeal within eight weeks from the receipt of a copy of the judgment.In conclusion, the judgment addressed the issues related to statutory appeals, stay orders, compliance with deposit conditions, and modification of stay conditions based on substantial compliance. The Court's decision to modify the stay condition was influenced by the petitioner's adherence to the deposit requirements, ultimately providing clarity on the execution of the bond and setting a timeline for the appeal's disposal.
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