Corniche Hospitality (P) LTD. vs. State Of Kerala

WP(C)/23969/2023HC KeralaGSTCNR KLHC01052518202330 November 2023Bench: HONOURABLE MR. JUSTICE D. K. SINGH70 pages
For Respondent: MR MOHAMMED RAFIQ-SPL.GP
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Held

The Court held that licensees who filed returns by 31.03.2022 and cleared the turnover tax by 30.04.2022 are not liable for interest on delayed payment for specific periods. However, those who failed to meet these deadlines are liable for interest and penalties.

Facts

The petitioners challenged the interest liability imposed on them for delayed remittance of turnover tax for the financial years 2020-21 and 2021-22. The issue pertains to the delay in payment of turnover tax on parcel sales of IMFL.

Key Issues

The primary issue was whether interest and penalties are leviable on licensees for delayed payment of turnover tax, considering specific filing and payment deadlines.

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Heard together (2 matters)

WP(C) NO. 37726 OF 2022
WP(C).1639/2023

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

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 WP(C) NO. 37726 OF 2022 PETITIONER/S:

HARBOUR HOTELS, 20/219 A, NEAR MALIANKARA BRIDGE, VADAKKEKKARA, NORTH PARAVUR, KERALA REPRESENTED BY ITS MANAGING PARTNER - SHAILA GOPINATHAN, PIN - 683516

BY ADVS. K.I.MAYANKUTTY MATHER S.PARVATHI; KALLIYANI KRISHNA B.

RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY (TAXES), ROOM NO. 396, 1ST FLOOR, NEAR SOUTH CONFERENCE HALL, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM GPO, PIN - 695001 2 STATE TAX OFFICER-1, STATE GOODS AND SERVICE TAX DEPARTMENT NORTH PARAVUR P.O, ERNAKULAM, PIN - 683513 3 JOINT COMMISSIONER (APPEALS) STATE GOODS AND SERVICE TAX DEPARTMENT, PALARIVATTOM P.O, ERNAKULAM, PIN - 682015 4 DEPUTY COMMISSIONER OF STATE TAX STATE GOODS AND SERVICE TAX DEPARTMENT, MATTANCHERRY P.O, ERNAKULUM, PIN - 682002 OTHER PRESENT:

MR MOHAMMED RAFIQ-SPL.GP THIS WRIT PETITION (CIVIL) HAVING RESERVED THE COURT ON 30.11.2023, ALONG WITH WP(C).1639/2023, 1962/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED T

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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.