Merero Hotels And Resorts Private Limited vs. State Of Kerala
Held
The Court held that the petitioner voluntarily paid the revenue recovery commission and GST as part of the one-time settlement terms. Since revenue recovery proceedings were pending, the charges were obligatory, and the petitioner cannot later contend for their exclusion or refund, especially as the GST was paid to the GST Board.
Facts
The petitioner sought a refund of Rs. 17,26,150/- paid as revenue recovery commission and Rs. 3,10,680/- paid as GST to the Kerala Financial Corporation (KFC). These payments were made as part of a one-time settlement scheme to close a loan account while revenue recovery proceedings were pending.
Key Issues
Whether a borrower is entitled to a refund of revenue recovery commission and GST paid as part of a one-time settlement with a financial institution, when revenue recovery proceedings were pending at the time of settlement.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 WP(C) NO. 32831 OF 2018 PETITIONER: M/S MERERO HOTELS AND RESORTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF INDIAN COMPANIES ACT, REPRESENTED BY ITS MANAGING DIRECTOR, SMT.MERIN JOSE, MATHEW VIHAR, KOONAMTHAI, EDAPPALLY P.O, KOCHI-24. BY ADV V.M.KRISHNAKUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2 THE DEPUTY TAHSILDAR (RR), KERALA FINANCIAL CORPORATION, ERNAKULAM, KALOOR, KOCHI PIN 682017 3 THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, FINANCE TOWER, KALOOR, KOCHI-682017, REPRESENTED BY ITS CHIEF MANAGER. 4 THE KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN 695033. REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. BIMAL K.NATH, SR.GOVERNMENT PLEADER M.R.VENUGOPAL DHANYA P.ASHOKAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 32831 OF 2018 -2- JUDGMENT The present writ petition is filed seeking for a writ of mandamus d
The judgment continues below.
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