Majeed K.J vs. State Tax Officer

WP(C)/16479/2023HC KeralaGSTCNR KLHC01035780202304 June 2024Bench: HONOURABLE MR. JUSTICE D. K. SINGH55 pages
For Petitioner: RAHUL A., S.ANIL KUMAR (TRIVANDRUM), SABU C.J, M.RAJAGOPAL, APARNA ANILFor Respondent: SRI. MUHAMED RAFIQ-SPL.GP, SRI. P.R. SREEJITH -SC
AI SummaryRemanded

Held

The judgment is a common order for multiple writ petitions. Without the full text, the specific holding cannot be determined, but typically such cases involve examining the validity of extended limitation periods for issuing notices and passing orders under GST law.

Facts

Various petitioners challenged assessment orders and recovery proceedings under the GST Act, primarily for the financial year 2017-18. They contended that the show cause notices and assessment orders were issued beyond the statutory limitation period, even considering extensions due to the COVID-19 pandemic.

Key Issues

The key legal issue is whether the show cause notices and assessment orders issued under Section 73 of the CGST Act for the financial year 2017-18 were within the extended limitation periods, considering various notifications issued during the COVID-19 pandemic.

Sections Cited

Section 44, Rule 80, Section 61, Section 73, Section 164

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Heard together (2 matters)

WP(C) NO. 2469 OF 2023
WP(C).3489/2023

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

WPC Nos.2469/2023 & conn.cases 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 WP(C) NO. 2469 OF 2023 PETITIONER: REJANI.N, AGED 48 YEARS PROPRIETRESS, GAYATHRI TRADERS, INDUSTRIAL ESTATE, UMAYANALLOOR, KOLLAM DISTRICT-691589, PIN - 691589 BY ADVS. RAHUL A. S.ANIL KUMAR (TRIVANDRUM) SABU C.J M.RAJAGOPAL APARNA ANIL RESPONDENTS: 1 THE STATE TAX OFFICER STATE GOODS AND SERVICE TAX DEPARTMENT, CHATHANNOOR, KOLLAM DISTRICT-691572, PIN - 691572 2 UNION OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI., PIN - 110001 3 CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS REPRESENTED BY ITS CHAIRMAN, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI,, PIN - 110001 4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 BY ADV SREEJITH P. R OTHER PRESENT: SRI. MUHAMED RAFIQ-SPL.GP, SRI. P.R. SREEJITH -SC, GSTN, SRI. SREELAL N. WARRIER-SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 8.11.2023, ALONG WITH WP(C).3489/2023, 40

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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.