Stoy Abraham vs. State Tax Officer

WP(C)/11794/2025HC KeralaGSTCNR KLHC01026220202524 March 2025Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS4 pages
For Petitioner: PADMANATHAN K.V., R.SREEJITH
AI SummaryDismissed

Held

The Court dismissed the writ petition, noting the petitioner's delay of almost three years in challenging the order without preferring an appeal. It rejected the argument about the order's upload location, stating no material was produced and the tab name itself indicated an order. The Court held that extraordinary remedy under Article 226 cannot be invoked after statutory appellate remedies are forgone and the limitation period expires.

Facts

The petitioner challenged an order dated 31.05.2022 issued under Section 73 of the Kerala General Sales Tax Act, 2017, imposing a liability for the financial year 2017-18. The petitioner sought to avail the benefit of Circular No.183/15/2022-GST, but filed the writ petition almost three years after the order, arguing it was uploaded in an 'additional notices and orders' tab.

Key Issues

Whether a writ petition under Article 226 can be entertained when statutory appellate remedies were not availed within the limitation period. Whether the petitioner's claim of delayed awareness due to the order being uploaded in an 'additional notices and orders' tab justifies the delay.

Sections Cited

Section 73

AI-generated summary — verify with the full judgment below

WP(C) NO. 11794 OF 2025 1 2025:KER:24881 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 11794 OF 2025 PETITIONER : STOY ABRAHAM AGED 50 YEARS XII/591, 592, KANJIRAM, POTTASSERI PO, PALAKKAD, PIN - 678591 BY ADVS. PADMANATHAN K.V. R.SREEJITH RESPONDENTS : 1 STATE TAX OFFICER MANNARKKAD, STATE GOODS AND SERVICES TAX DEPARTMENT, MINI CIVIL STATION, KODATHIPPADI, MANNARKKAD, PALAKKAD, PIN - 678582 2 THE DEPUTY/ ASSISTANT STATE TAX OFFICER TAXPAYER SERVICES CIRCLE MANNARKKAD, STATE GOODS AND SERVICES TAX DEPARTMENT, MINI CIVIL STATION, KODATHIPPADI, MANNARKKAD, PALAKKAD, PIN – 678 582 BY SMT.DR.THUSHARA JAMES, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 11794 OF 2025 2 2025:KER:24881 BECHU KURIAN THOMAS, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=- W.P.(C) No.11794 of 2025 =-=-=-=-=-=-=-=-=-=-=-=-=-=-= Da

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