State Of Kerala Represented By Additional Chief Secretary[Taxes] vs. Vmgr Hotels And Resorts Private Limited

RP/119/2024HC KeralaGSTCNR KLHC01077327202407 February 2024Bench: HONOURABLE MR. JUSTICE D. K. SINGH7 pages
For Respondent: SRI.A. MUHAMMED RAFIQ- SPL. GP (TAXES)
AI SummaryDismissed

Held

The High Court dismissed the review petition, finding no error apparent on the face of the record in its previous judgment. It affirmed that the original judgment, which exempted FL3 licensees from interest on delayed turnover tax payments (at 5%) for parcel sales during COVID lockdowns, was well-considered based on the submissions and documents.

Facts

The State filed a review petition against a High Court judgment that exempted FL3 licensees (bar-attached hotels) from paying interest on delayed filing of returns and payment of 5% turnover tax for parcel sales during specific COVID lockdown periods, provided they complied by certain dates. The State contended there was an error apparent on the record regarding the tax reduction and interest liability.

Key Issues

The key issue was whether the original judgment, which relieved FL3 licensees from interest liability on delayed 5% turnover tax payments for parcel sales during COVID lockdowns, contained an error apparent on the face of the record, warranting a review.

Sections Cited

None

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 RP NO. 119 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 30.11.2023 IN WP(C) 24796/2022 OF HIGH COURT OF KERALA REVIEW PETITIONERS/RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY [TAXES] ROOM NO. 396,1ST FLOOR NEAR SOUTH CONFERANCE HALL, MAIN BLOCK, SECRETARIATE THIRUVANANTHPURAM., PIN - 695001 2 DEPUTY COMMISSIONER STAE GST DEPARTMENT OF KERALA, SPECIAL CIRCLE, PALAKKAD., PIN - 678001 3 COMMISSIONER KERALA STATE GST DEPARTMENT,9TH FLOOR,TAX TOWR, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM., PIN - 695002 BY ADV GOVERNMENT PLEADER RESPONDENT/PETITIONER: VMGR HOTELS AND RESORTS PRIVATE LIMITED BYPASS ROAD, VALLANGHY, NENMMARA ,PALAKKAD. REPRESENTED BY ITS DIRECTOR ,AJITH C. NAIR., PIN – 678508. OTHER PRESENT: SRI.A. MUHAMMED RAFIQ- SPL. GP (TAXES); SRI.K.I.MAYANKUTTY MATHER FOR THE RESPONDENT THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP NO. 119 OF 2024 2

Heard Sri.A. Muhammed Rafiq, learned Special Government

The judgment continues below.

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