T.K.Shoukathali vs. The State Tax Officer-1

WP(C)/40823/2018HC KeralaGSTCNR KLHC01094557201814 December 2018Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU4 pages
For Respondent: GP DR.THUSHARA JAMES
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Held

The Court directed the appellate authority to consider the interlocutory applications, including delay condonation petitions, at the earliest and pass orders within one month. Coercive steps were to be deferred until these applications were decided.

Facts

The petitioner filed statutory appeals with delay condonation and stay petitions before the appellate authority. The petitioner alleged that coercive steps were being taken by the respondent authority before the interlocutory applications were considered.

Key Issues

Whether coercive steps can be taken before the appellate authority decides on delay condonation and stay petitions? Whether the appellate authority should expedite the decision on interlocutory applications?

Sections Cited

None

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940 WP(C).No. 40823 of 2018 PETITIONER/S: T.K.SHOUKATHALI,AGED 53 YEARS S/O.ABU HAJI,PROPRIETOR,M/S.BISMI TRADERS,THARISH,KARUVARAKUNDU.P.O, MALAPPURAM DISTRICT. BY ADVS. SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENT/S: 1 THE STATE TAX OFFICER-1 STATE GST DEPARTMENT,NILAMBUR-679329. 2 THE ASST.COMMISSIONER(APPEALS) COMMERCIAL TAXES DEPARTMENT, MALAPPURAM-676505. OTHER PRESENT: GP DR.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(C). No. 40823 of 2018

JUDGMENT The petitioner, an assessee on the rolls of the 1st respondent, has been facing the proceedings for the assessment years 2012-13 to 2015-16. It filed Ext.P2 series of statutory appeals along with stay petitions, besides delay condonation petitions. The delay is said to be only 11 days. The petitioner complains that before the appellate forum could consider its interlocutory applications, the respondent authority is taking coercive steps.

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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.