Sameer K.T. vs. The Assistant State Tax Officer

WP(C)/40825/2017HC KeralaGSTCNR KLHC01088768201719 December 2017Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR4 pages
AI SummaryPartly Allowed

Held

The Court directed the competent authority to complete the adjudication process within a week. The goods were ordered to be released forthwith if the petitioner complied with Rule 140(1) of the Kerala Goods and Services Tax Rules, 2017.

Facts

The petitioner's goods were detained by the State Tax Officer. The petitioner sought the release of these detained goods.

Key Issues

Whether the detained goods should be released pending adjudication and the timeline for adjudication.

Sections Cited

Section 129, Rule 140(1)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 19TH DAY OF DECEMBER 2017/28TH AGRAHAYANA, 1939 ---------------------------- PETITIONER : ----------------------- SRI. SAMEER K.T., (PROPRIETOR), M/S. BISMAILLAH GRANITES, VELLIMUKKU.P.O., PALAKKAL, MALAPPURAM-676 317. BY ADVS.SRI.P.N.DAMODARAN NAMBOODIRI SRI.P.UNNIKRISHNAN (THRISSUR) RESPONDENT(S): -------------------------- 1. THE ASST STATE TAX OFFICER, SURVEILLANCE SQUAD, STATE GST DEPARTMENT, WAYANAD AT SULTHANBATHERYY-673 592 2. THE STATE TAX OFFICER, SURVEILLANCE SQUAD, STATE GST DEPARTMENT, WAYANAD AT SULTHANBATHERRY-673 592 3. THE STATE OF KERALA, DEPARTMENT OF TAXES, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY.

BY GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts

Appendix — schedule of exhibits
APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REGISTRATION CERTIFICATE NO.32DRJPS1928C1ZW DATED

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.