M/S. Anugraha Hollow Bricks vs. Union Of INDIA, Represented By Its Secretary

WP(C)/1650/2023HC KeralaGSTCNR KLHC01004014202328 June 2024Bench: HONOURABLE MR. JUSTICE D. K. SINGH50 pages
For Petitioner: NITISH SATHESH SHENOY, SUKUMAR NAINAN OOMMEN, SHERRY SAMUEL OOMMEN, NIDHI JACOBFor Respondent: ASG OF INDIA, Nitish Sathesh Shenoy
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Held

The provided judgment text only contains the introductory details of the cases and a list of exhibits, but the actual decision and reasoning of the High Court are not included. Therefore, what the Court held cannot be determined from the given text.

Facts

Multiple petitioners challenged GST assessment orders, show cause notices, and demands for tax, interest, and penalties for various periods, primarily from 2017-2019. The demands appear to relate to input tax availed, issued under provisions like Section 62 and Section 73 of the GST Acts, and Rule 100(1) of the GST Rules.

Key Issues

The key legal issues involve the validity of GST demands for input tax availed, interest, and penalties, and the procedural correctness of assessment orders and show cause notices issued under various GST provisions.

Sections Cited

Section 62, Section 128, Section 39, Section 73, Section 73(9), Rule 100(1)

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Heard together (2 matters)

WP(C) NO. 11086 OF 2022
WP(C).22703/2022

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946 WP(C) NO. 11086 OF 2022 PETITIONER: SHERLI PRASAD,AGED 52 YEARS SHERLI PRASAD, PROPRIETOR OF TONEY MEDICALS ERAMALLOOR PO, ALAPPUZA - 688537, PIN - 688537 BY ADVS. NITISH SATHESH SHENOY SUKUMAR NAINAN OOMMEN SHERRY SAMUEL OOMMEN NIDHI JACOB RESPONDENTS: 1 UNION OF INDIA,HIGH COURT OF KERALA, PIN - 682031 2 STATE GOODS AND SERVICES TAX DEPARTMENT KERALA 9TH FLOOR, TAX TOWER, KILLPPALAM, KARAMANA P.O, THIRUVANANTHAPURAM, PIN - 695001 3 PRINCIPAL CHIEF COMMISSIONER OF CGST AND CENTRAL EXCISE OFFICE OF THE CHIEF COMMISSIONER, KERALA ZONE CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, COCHIN, PIN - 682018 4 THE STATE TAX OFFICER,AIT & CTO KUTHIATHODE ALAPPUZHA, PIN – 688533. 5 JOINT COMMISSIONER (APPEALS), ( SOUGHT TO BE IMPLEADED ) STATE GOODS AND SERVICES TAX DEPARTMENT, ASRAMOM PO. ( SOUGHT TO BE IMPLEADED ) BY ADVS. ASG OF INDIA Nitish Sathesh Shenoy OTHER PRESENT: MUHAMED RAFIQ-SPL.GP, SRI P.R.SREEJITH, SC,GSTN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.06.2024, ALONG WITH WP(C).22703/2022 AND CONNECTED CASES, T

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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.