- (1.) PETITIONER before this Court is a Government Company duly incorporated under the Companies Act. Proceedings for assessment in respect of the annual value of the total area possessed by the company within the limits of the Kanpur Nagar were initiated which resulted in an order dated 16th March, 2004. The order dated 16th march, 2004 has been brought on record as Annexure-2 to the writ petition. The document discloses that annual value of the property of the writ petitioner was fixed at rs. 40,70,499/ -. The petitioner challenged the assessment order by means of Appeal no. 112/7 of 2004 and the only prayer made in the appeal was for quashing the annual rental value of the property so determined.
(2.) THE petitioner did not challenge any demand bill of house tax and property tax based on such annual value of the property and, therefore in accordance with the provisions of Section 472, the petitioner did not deposit any money at the time of filing of the appeal.
(3.) ON record is an application of the writ petitioner, numbered as Assessment Application No. 67 of 2006 (Annexure-5 to the writ petition), which according to the counsel for the petitioner is an application in his earlier Appeal No. 112/7 of 2004, whereby the petitioner prayed for stay of the demand of tax to the tune of Rs. 46,34,269/- raised on the basis of annual value of the property of the petitioner. The demand order required the petitioner to deposit the tax within 15 days, failing which appropriate action shall be taken. The petitioner by means of the application so filed requested that the respondents may be restrained from effecting any recovery in pursuance to the order till the decision of the appeal.;