Anishia Chandrakanth vs. The Superintendent

WP(C)/30644/2023HC KeralaGSTCNR KLHC01067720202309 April 2024Bench: HONOURABLE MR. JUSTICE D. K. SINGH30 pages
AI SummaryRemanded

Held

The core judgment text detailing the Court's decision is omitted from the provided document. Therefore, the specific findings and directions of the Court cannot be ascertained from the given text.

Facts

The petitioners challenged assessment orders (Form GST DRC-07) and notices (Form GST ASMT-10) demanding late fees for discrepancies in their annual returns (GSTR-9) and reconciliation statements (GSTR-9C) for the financial years 2017-18 and 2018-19. They relied on various notifications issued by the Central Board of Indirect Taxes & Customs.

Key Issues

The key legal issues likely concern the validity of assessment orders and late fee demands related to alleged discrepancies in annual GST returns and reconciliation statements, and the applicability of relevant notifications regarding compliance.

Sections Cited

Section 44, Section 45, Section 46, Section 47, Rule 80(1), Rule 80(3), Notification No. 7/2023/CT, Notification No. 25/2023/CT

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Heard together (2 matters)

WP(C) NO. 30644 OF 2023
WP(C).32069/2023

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

“ C.R”

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WP(C) NO. 30644 OF 2023 PETITIONER/S: ANISHIA CHANDRAKANTH, AGED 51 YEARS PROPRIETRIX, M/S. ACS TECHNOLOGIES, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 BY ADVS. HARISANKAR V. MENON MEERA V.MENON R.SREEJITH K.KRISHNA PARVATHY MENON RESPONDENT/S: THE SUPERINTENDENT, CENTRAL TAX & CENTRAL EXCISE, AUDIT CIRCLE - 1, GST BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM, PIN - 695001 BY ADV SREELAL N WARRIER;SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH WP(C).32069/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) Nos. 30644 of 2023 and connected cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WP(C) NO. 32069 OF 2023 PETITIONER/S: SALOOM TRADING, KP 17/837, KUTTIES COMPLEX, KONNI POST OFFICE ROAD, KONNI, PATHANAMTHITTA, KERALA- 689691. REPRESENTED BY IT'S PROPRIETRESS SMT.KUNJAMMA ABRAHAM.

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