M/S. Sdf Industries LTD vs. The Deputy Commissioner Of State Taxes

OP (TAX)/28/2022HC KeralaGSTCNR KLHC01040179202227 July 2022Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI7 pages
For Respondent: SR GP V K. SHAMSUDHEEN
AI SummaryPartly Allowed

Held

The High Court found the Tribunal's condition of depositing 20% of the disputed tax to be harsh and onerous. It modified the condition, directing the petitioner to deposit 15 paise per litre on the total quantity of de-mineralised water and furnish a simple bond for the balance amount within four weeks.

Facts

The petitioner challenged a conditional stay order issued by the Kerala Value Added Tax Appellate Tribunal, which required a deposit of 20% of the disputed tax amount. The petitioner argued this condition was onerous, citing a previous High Court order that valued de-mineralised water at 30 paise per litre in a similar matter.

Key Issues

The key legal issue was whether the conditional stay order imposed by the Tribunal, requiring a 20% deposit of disputed tax, was onerous and warranted modification by the High Court under its supervisory jurisdiction.

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 S.V.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944 OP (TAX) NO. 28 OF 2022 (Int.P 25/2022 in TA(VAT) 31/22 of KVAT Tribunal, Kozhikode) PETITIONER/S:

M/S. SDF INDUSTRIES LTD AGED 58 YEARS CHANDRA NAGAR, PALAKKAD, REPRESENTED BY SUNNY MATHEW, SENIOR LAISON EXECUTIVE, PIN - 67800

BY ADVS. HARISANKAR V. MENON MEERA V.MENON R.SREEJITH K.KRISHNA

RESPONDENT/S:

1 THE DEPUTY COMMISSIONER OF STATE TAXES STATE GST DEPARTMENT, PALAKKAD, PIN - 678001 2 THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL CHEROOTTY ROAD, KOZHIKODE 673 032, REPRESENTED BY ITS ASST. SECRETARY, PIN - 673032 OTHER PRESENT:

SR GP V K. SHAMSUDHEEN

THIS OP TAX HAVING COME UP FOR ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (TAX) NO. 28 OF 2022

-2-

S.V.BHATTI & BASANT BALAJI, JJ.

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The judgment continues below.

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