Pulimanthodi Saidali Haji P.T. vs. The Deputy Commissioner Of State Tax

WP(C)/19459/2023HC KeralaGSTCNR KLHC01042393202304 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 provided text only includes the case details and appendices listing the documents challenged, such as notices in FORM GST ASMT-10, show cause notices under Section 73, and assessment orders in FORM GST DRC-07. The actual reasoning and decision of the Court are not present in the provided judgment extract.

Facts

Multiple petitioners challenged assessment orders and show cause notices issued under the GST Act, primarily for the financial year 2017-18 and subsequent years. The disputes centered on the validity of these notices and orders concerning the prescribed time limits for their issuance.

Key Issues

The key legal issue appears to be the validity of show cause notices and assessment orders issued under Section 73 of the GST Act, specifically regarding compliance with statutory time limits and the effect of various extension notifications.

Sections Cited

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

AI-generated summary — verify with the full judgment below

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

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.