James T.J. vs. The Assistant Commissioner Of State Tax

WP(C)/42263/2018HC KeralaGSTCNR KLHC01097749201821 December 2018Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU3 pages
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Held

The High Court directed the Appellate Tribunal to consider the petitioner's interlocutory applications, including the delay condonation and stay petitions, at the earliest and pass orders within one month. The respondent authority was ordered to defer coercive steps until the tribunal's decision.

Facts

The petitioner filed an appeal before the Appellate Tribunal with a significant delay of 135 days, which was not willful. The petitioner apprehended coercive steps from the respondent authority before the tribunal could decide on the delay condonation and stay petitions.

Key Issues

Whether the respondent authority should be restrained from taking coercive steps pending the disposal of delay condonation and stay petitions before the appellate tribunal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940 WP(C).No. 42263 of 2018 PETITIONER/S: JAMES T.J., AGED 65 YEARS S/O.P.J.JOSEPH,PROPRIETOR, M/S.PERUMALIL TRADING COMPANY,9/960, PERUMAL BUILDINGS, CHANDRA NAGAR,PALAKKAD. BY ADVS. SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENT/S: 1 THE ASSISTANT COMMISSIONER OF STATE TAX STATE GST DEPARTMENT,SPECIAL CIRCLE, PALAKKAD-678 001. 2 THE KARALA VALUE ADDED TAX APPELLATE TRIBUNAL, CHEROOTTY ROAD,KOZHIKODE-673 032, REPRESENTED BY ITS ASST. SECRETARY. 3 THE INSPECTING ASST. COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES,PALAKKAD-678 001. BY DR THUSHARA JAMES, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 42263 of 2018 2 JUDGMENT

The petitioner, an assessee under the 1st respondent has been facing the proceedings for the assessment years 2012-2013. He filed Exhibits P3 along with the stay petition, besides delay condonation petition. The delay is said to be 135 days and the delay

The judgment continues below.

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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.