Tasty Nut Industries vs. The State Tax Officer

WP(C)/15703/2022HC KeralaGSTCNR KLHC01031477202203 June 2024Bench: HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN4 pages
AI SummaryDismissed

Held

The High Court dismissed the writ petition because the petitioner failed to pay the mandatory 20% of the tax assessed, which is a prerequisite for maintaining a second appeal under the GST Act.

Facts

The petitioner challenged an appellate order (Ext.P3) before the High Court under Article 226 of the Constitution, as the GST Appellate Tribunal had not been constituted under the provisions of the GST Act.

Key Issues

Whether a writ petition challenging an appealable order can be maintained without paying the mandatory 20% pre-deposit required for a second appeal, even in the absence of a constituted GST Appellate Tribunal.

Sections Cited

Article 226, GST Act

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 WP(C) NO. 15703 OF 2022 PETITIONER/S: TASTY NUT INDUSTRIES 141, UNNAMALAKADA, CHANKAI, NATTALAAM, KANIYAKUMARI DISTRICT, TAMILNADU- 629 179, REPRESENTED BY ITS MANAGING PARTNER A. MUHAMMED NOUFAL BY ADVS. HARISANKAR V. MENON MEERA V.MENON RESPONDENTS: 1 THE STATE TAX OFFICER SQUAD NO. V, STATE GOODS AND SERVICES TAX DEPARTMENT, KOLLAM - 691 002. 2 THE JOINT COMMISSIONER (APPEALS) STATE GOODS AND SERVICES TAX DEPARTMENT, KOLLAM-691 002. 3 THE CHIEF MANAGER SOUTH INDIAN BANK LIMITED, KOLLAM BRANCH, KOLLAM-691 501 4 THE COMMISSIONER OF STATE GST TAX TOWERS, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM - 695002. 5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695001. 6 UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI - 110 001. BY JASMIN. M.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

2 WPC 15703/2022 JUDG

The judgment continues below.

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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.