2012 (10) TMI 958

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Pleader, The judgment of the court was delivered by K.M. JOSEPH J.-There is a common appellant in both these appealsthe assessee under the Kerala Value Added Tax Act, 2003. The appellant has approached this court challenging the conditional order of stay granted by the appellate authority in appeals filed by the appellant against order of penalty and assessment. 2. According to the appell....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nterfered with the condition imposed. As far as penalty is concerned, learned single judge has modified the order passed by the appellate authority and directed that the appellant has to pay a sum of Rs. 10 lakhs in place of 1/3rd directed by the appellate authority. Feeling aggrieved by the same, the appellant is before us." 4. We heard learned counsel for the appellant and the learned Gove....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....odification in the interest of justice. Accordingly we modify the judgment as follows: In Writ Appeal No. 1823 of 2012, which is the appeal arise from the penalty proceedings, we direct that the appellant need to pay a sum of Rs. 6 lakhs (rupees six lakhs only) in place of Rs. 10 lakhs and shall necessarily furnish security for the balance amount to the satisfaction of the assessing officer. Tw....