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Medilab Speciality Laboratories (INDIA) PVT. LTD. vs. The Sales Tax Officer (Ib)

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WP(C)/35952/2018HC KeralaGSTCNR KLHC01082873201808 November 2018Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU3 pages
For Respondent: SMT. M M JASMINE, GP

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Cause title — parties, addresses and appearances
WPC No.35952 of 2018 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940 WP(C).No. 35952 of 2018 PETITIONER/S: MEDILAB SPECIALITY LABORATORIES (INDIA) PVT. LTD., OPPOSITE GCDA BUILDINGS KADAVANTHRA COCHIN -682020 REPRESENTED BY ITS MANAGING DIRECTOR DR.T.A.VARKEY. BY ADVS. SRI.GEORGE THOMAS (MEVADA)(SR.) SRI.AMAL GEORGE RESPONDENT/S: THE SALES TAX OFFICER (IB), KERALA STATE GST DEPARTMENT ,MATTANCHERRY AT MINI CIVIL STATION, ALUVA-683101. OTHER PRESENT: SMT. M M JASMINE , GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Faced with Ext.P3 summons and Ext.P6 notice for hearing, the petitioner has filed this writ petition. Besides that, the petitioner seems to have submitted Ext.P5 explanation, as well as a set of documents referred to in Ext.P7 letter.

WPC No.35952 of 2018 2

2.

This Court does not intend to interdict the respondent authority's power to adjudicate the issue.

3.

I, therefore, without adverting to the merits, dispose of this writ petition holding that the respondent authorities will consider the petitioner's Ext.P5 explanation and the set of documents referred to in Ext.P7 letter. Thereafter, if it desires to have further hearing, it will put the petitioner on notice and proceed with the matter. Until the adjudication completes, the authorities will defer coercive steps, if any. DAMA SESHADRI NAIDU JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE SUMMONS DATED 08.01.2015 SENT BY THE INTELLIGENCE OFFICER(IB) MATTANCHERRY. EXHIBIT P2 TRUE PHOTOCOPY OF THE EXPLANATION DATED 11.08.2015 SUBMITTED BY THE PETITIONER. EXHIBIT P3 TRUE PHOTOCOPY OF THE SUMMONS DATED 04.10.2018 SENT BY THE RESPONDENT. EXHIBIT P4 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 16.10.2018 SENT BY THE RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF THE EXPLANATION CUM REPRESENTATION DATED 24.10.2018 SENT BY THE PETITIONER. EXHIBIT P6 TRUE PHOTOCOPY OF THE NOTICE DATED 25.10.2018 SENT BY THE RESPONDENT.

WPC No.35952 of 2018 3 EXHIBIT P7 TRUE PHOTOCOPY OF THE LETTER DATED 11.12.2014. Css/

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.