2018 Taxo.online 159

W.P.(C).No.15981 Of 2018 dated 15.05.2018





A.K.Jayasankaran Nambiar, Justice

In favour of assessee

High Court


Represented by: – 

Petitioner: – Sri.K.Srikumar, Sri.P.R.Ajithkumar, Sri.K.Manoj Chandran & Sri.S.A.Mansoor (Pattanam) 

Respondent: – Smt.Thushara James 

Order: – 

Against Ext.P1 assessment order, petitioner preferred Ext.P2 appeal before the 2nd respondent. Along with the appeal, the petitioner had also preferred Ext.P3 stay petition. The 2nd respondent has now passed Ext.P4 order on the stay petition directing the petitioner to pay 20% of the tax and interest as a condition for the grant of stay against recovery of the balance amounts confirmed against the petitioner vide Ext.P1 assessment order.

2. In the writ petition, the petitioner impugns the said conditional order of stay, inter alia, on the ground that the 2nd respondent had not exercised his discretion validly while passing the said order.

3. I have heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents.

On a consideration of the facts and circumstances of the case and submissions made across the bar, I dispose the writ petition with the following directions:-
(i) In Ext.P4 order, the 2nd respondent does not state reasons as to why the petitioner was required to deposit the amounts as a condition for the grant of stay. This Court has held in Archana Agencies v Commercial Tax Officer – 2014 (2) KLT 715 that an authority considering a stay petition is bound to give reasons even while granting conditional stay.  

(ii) Accordingly, I quash Ext.P4 order and direct the 2nd respondent to pass fresh orders on the stay application preferred by the petitioner, after hearing the petitioner. To enable the 2nd respondent to do so, I direct the petitioner to appear before the 2 nd respondent at this office at 11 am on 30.05.2018, the 2nd respondent shall pass fresh orders as directed within a month thereafter. 

(iii) Recovery steps, if any, initiated against the petitioner shall be kept in abeyance till such time as fresh orders are passed by the 2nd respondent as directed above and communicated to the petitioner 

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