The Csb Bank LTD. vs. Union Of INDIA

WP(C)/40126/2023HC KeralaGSTCNR KLHC01090130202301 December 2023Bench: HONOURABLE MR. JUSTICE D. K. SINGH4 pages
For Petitioner: ABRAHAM JOSEPH MARKOS, V.ABRAHAM MARKOS, ISAAC THOMAS, P.G.CHANDAPILLAI ABRAHAM, ALEXANDER JOSEPH MARKOS, SHARAD JOSEPH KODANTHARA, JOHN VITHAYATHIL, AIBEL MATHEW SIBY
AI SummaryDismissed

Held

The High Court declined to interfere with the show cause notice, directing the petitioner to file a reply within ten days and appear for an oral hearing. The adjudicating authority was instructed not to pass a final order for one month, allowing time for judgments from other High Courts on similar matters.

Facts

CSB Bank Ltd., a banking company, challenged a show cause notice demanding GST on certain services, contending that these services were not taxable under the GST regime and the demand was illegal.

Key Issues

Whether the High Court should interfere with a show cause notice demanding GST when the petitioner has an opportunity to raise objections before the adjudicating authority.

Sections Cited

None explicitly discussed

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945 WP(C) NO. 40126 OF 2023 PETITIONER: THE CSB BANK LTD. CSB BHAVAN, ST. MARY'S COLLEGE ROAD, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR AND CEO, MR. PRALAY MONDAL., PIN – 680 020. BY ADVS. ABRAHAM JOSEPH MARKOS V.ABRAHAM MARKOS ISAAC THOMAS P.G.CHANDAPILLAI ABRAHAM ALEXANDER JOSEPH MARKOS SHARAD JOSEPH KODANTHARA JOHN VITHAYATHIL AIBEL MATHEW SIBY RESPONDENTS: 1 UNION OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI REPRESENTED BY ITS SECRETARY, PIN – 110 001. 2 ADDITIONAL COMMISSIONER CENTRAL TAX AND CENTRAL EXCISE, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, KOCHI ., PIN – 682 018. 3 CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI. REPRESENTED BY ITS AUTHORISED OFFICER, PIN – 110 001. 4 COMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE C.R. BUILDING, I.S. PRESS ROAD, COCHIN, PIN – 682 018. 5 THE SUPERINTENDENT OF CENTRAL TAX AND CENTRAL EXCISE CHEMBUKKAVU RANGE, C.R. BUILDING, THRISSUR, PI

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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.