Wellington Samuel (Proprietor) vs. The State Tax Officer

WP(C)/29239/2023HC KeralaGSTCNR KLHC01064041202307 September 2023Bench: HONOURABLE MR. JUSTICE D. K. SINGH3 pages
AI SummaryDismissed

Held

The High Court declined to entertain the writ petition, dismissing it on the ground of delay and laches. The Court noted that the petitioner should have filed an appeal on time instead of approaching the High Court after such a significant delay.

Facts

The petitioner challenged an assessment order for the year 2015-2016 under the Kerala Value Added Tax Act. Despite receiving a notice and an opportunity for a personal hearing, the petitioner failed to respond, leading to the assessment order dated 28.09.2020. The petitioner filed a writ petition more than three years after the order was passed.

Key Issues

The key legal issue was whether a writ petition challenging an assessment order should be entertained on the ground of delay and laches, given the petitioner's failure to file an appeal within the prescribed time and approaching the High Court after more than three years.

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 DINESH KUMAR SINGH THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945 WP(C) NO. 29239 OF 2023 PETITIONER/S: WELLINGTON SAMUEL (PROPRIETOR) M/S. STAR EARTH MOVERS AND LAND DEVELOPERS, MALIYEKKAL TOWERS, EDAKKARA, NILAMBUR, MALAPPURAM, PIN – 679 331. BY ADVS. P.N.DAMODARAN NAMBOODIRI HRITHWIK D. NAMBOOTHIRI RESPONDENTS: 1 THE STATE TAX OFFICER STATE GOODS AND SERVICES TAX DEPARTMENT, TAX PAYER SERVICES CIRCLE, NILAMBUR, MALAPURAM, PIN – 679 329. 2 THE DEPUTY COMMISSIONER (RECOVERY) STATE GST DEPARTMENT, MALAPURAM AT MANJERI, PIN – 676 121. RESHMITA RAMACHANDRAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No. 29239/2023 : 2 : DINESH KUMAR SINGH, J. --------------------------------------------------------- W.P.(C). No. 29239 of 2023

--------------------------------------------------------- Dated this the 7th day of September, 2023. JUDGMENT

The present writ petition has been filed challenging Exhibit P3 assessment order issued by the firs

The judgment continues below.

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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.