2010 (10) TMI 951

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....erim order passed by the Kerala Value Added Tax Appellate Tribunal, Ernakulam. Against the order imposing penalty under section 44(8) of the Kerala Value Added Tax Act (the KVAT Act), which was confirmed by the first appellate authority, the petitioner had approached the Tribunal by filing exhibit P7 second appeal. Exhibit P8 is the stay petition filed along with the appeal. The stay petition was ....

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....ion and the records which were made available. It is observed that, having regard to the circumstances projected, it is proper to grant conditional stay on payment of a sum of Rs. 75,000. It is settled law by this time that the statutory appellate authorities are bound to pass speaking orders reflecting application of mind to the facts and circumstances of the case and also reflecting proper ad....

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....her hand the interest of justice will be served by directing the Appellate Tribunal to have an early disposal of the appeal and till such time to grant an interim stay imposing a condition which is not onerous in nature. In the result, the writ petition is disposed of directing the second respondent to consider and pass orders on exhibit P7 appeal after conducting a hearing of the same, if poss....