G.K. Traders vs. Joint Commissioner

WP(C)/28275/2023HC KeralaGSTCNR KLHC01061902202304 September 2023Bench: HONOURABLE MR. JUSTICE D. K. SINGH4 pages
For Petitioner: AMMU CHARLES, K.MANOJ CHANDRAN
AI SummaryRemanded

Held

The High Court directed the Revenue to adjudicate the show cause notices and take a decision within ten days. The petitioner was ordered to appear with necessary documents, and no coercive measures were to be taken until a decision was rendered.

Facts

G.K. Traders sought Input Tax Credit (ITC) of Rs. 19.58 lakhs for purchases from M/s. M.M. Traders. The Revenue alleged the supplier lacked legal entity and the ITC claim was fraudulent, issuing show cause notices to which the petitioner replied, but no decision was taken.

Key Issues

Whether the petitioner is entitled to Input Tax Credit (ITC) disputed by the Revenue as fictitious, and the delay by the Revenue in adjudicating the show cause notices issued.

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 MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945 WP(C) NO. 28275 OF 2023 PETITIONER: G.K. TRADERS VENGATT BUILDING, PETTA, FEROKE, KOZHIKODE, KERALA REPRESENTED BY ITS MANAGING PARTNER, MR.FAISAL, PIN – 673

631.

BY ADVS. AMMU CHARLES K.MANOJ CHANDRAN RESPONDENTS: 1 JOINT COMMISSIONER OFFICE OF JOINT COMMISSIONER, TAX PAYERS DIVISION, STATE GST DEPARTMENT, KOZHIKKODE, PIN – 673 006. 2 ASSISTANT COMMISSIONER/ DEPUTY COMMISSIONER OFFICE OF JOINT COMMISSIONER, TAX PAYER SERVICE CIRCLE,FEROKE, STATE GST DEPARTMENT, KOZHIKKODE, PIN – 673 631. SMT. JASMINE M.M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No. 28275/2023 : 2 : DINESH KUMAR SINGH, J. --------------------------------------------------------- W.P.(C). No. 28275 of 2023

--------------------------------------------------------- Dated this the 4th day of September, 2023. JUDGMENT

The present writ petition has been filed by the petitioner for a direction to the

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.