Kerala State Civil Supplies Corporation vs. The Assistant Commissioner Of Sales Tax

WP(C)/37130/2017HC KeralaGSTCNR KLHC01085073201720 November 2017Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR4 pages
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Held

The High Court directed the appellate authority to consider and pass orders on the stay petition within six weeks. Recovery steps were ordered to be kept in abeyance until the stay petition is decided.

Facts

The petitioner filed an appeal and a stay petition against an assessment order. However, recovery steps were initiated before the stay petition was considered. The petitioner sought intervention from the High Court.

Key Issues

Whether recovery steps can be initiated before a stay petition is decided. The urgency of considering a stay petition in appeal.

Sections Cited

Kerala Value Added Tax Act

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 20TH DAY OF NOVEMBER 2017/29TH KARTHIKA, 1939 ---------------------------- PETITIONER: -------------------- KERALA STATE CIVIL SUPPLIES CORPORATION, DEPOT AT PALAKKAD, REPRESENTED BY ITS DEPOT MANAGER, K.M. PADMAJA.

BY ADV. SHRI N.D.PREMACHANDRAN,SC,SUPPLYCO RESPONDENTS: -------------------------- 1. THE ASSISTANT COMMISSIONER OF SALES TAX, STATE GST DEPARTMENT, KERALA, SPECIAL CIRCLE, PALAKKAD - 679 501. 2. THE DEPUTY COMMISSIONER (APPEALS), OFFICE OF DEPUTY COMMISSIONER (APPEALS), PALAKKAD - 679 501. 3. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES, PALAKKAD - 679 501. BY GOVERNMENT PLEADER SRI. SHAMSUDHEEN.V.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sdr/- ----------------------------

Appendix — schedule of exhibits
APPENDIX ---------------- PETITIONER(S)' EXHIBITS -------------------------------------- EXHIBIT P1. COPY OF THE PROCEEDINGS DATED 14

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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.