M/S.Prince Tmt Steels Private Limited vs. The Commissioner Of State Taxes

WP(C)/30641/2017HC KeralaGSTCNR KLHC01078586201725 September 2017Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR5 pages
AI SummaryRemanded

Held

The Court found that the assessment order was vitiated by a non-compliance with the rules of natural justice as a relied-upon report was not furnished to the petitioner. The Court quashed the order and directed fresh proceedings.

Facts

The petitioner challenged an assessment order, alleging it was passed without providing a prior notice and a copy of the report relied upon by the authorities. The petitioner contended this violated principles of natural justice.

Key Issues

Whether the assessment order was passed in violation of natural justice principles due to non-furnishing of relied-upon report and lack of prior notice.

Sections Cited

Not specified

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 25TH DAY OF SEPTEMBER 2017/3RD ASWINA, 1939 ----------------------------

PETITIONER(S): ---------------------- M/S.PRINCE TMT STEELS PRIVATE LIMITED REGISTERED OFFICE 6/439, ANAPPURAMKADU, KINASSERY P.O, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR T.K. ABDUL KARIM.

BY ADVS.SRI.RAJU JOSEPH (SR.) SRI.C.JOSEPH ANTONY RESPONDENT(S): ------------------------

1.

THE COMMISSIONER OF STATE TAXES, OFFICE OF THE COMMISSIONER OF STATE TAXES, THIRUVANANTHAPURAM.

2.

THE ASSISTANT COMMISSIONER OF STATE TAXES, STATE GST DEPARTMENT, KERALA, SPECIAL CIRCLE, PALAKKAD.

BY GOVERNMENT PLEADER SRI.SHAMSUDHEEN V.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TS ---------------------------------------

Appendix — schedule of exhibits
APPENDIX PETITIONER(S)' EXHIBITS -------------------------------------- EXHIBIT P1 TRUE COPY OF THE AUDIT OBJECTION DATED 12.09.2014.

The judgment continues below.

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