Nitta Gelatin INDIA LTD. vs. The Assistant Commissioner (Assessment)

WP(C)/13325/2022HC KeralaGSTCNR KLHC01026808202213 June 2022Bench: HONOURABLE MR. JUSTICE GOPINATH P.3 pages
AI SummaryAllowed

Held

The High Court directed the respondent to implement the appellate orders, taking into account the details furnished by the petitioner, and to afford an opportunity of hearing if necessary. This implementation must be completed within three months from the date of receipt of the judgment.

Facts

The petitioner sought a direction for the respondent to implement appellate orders issued between 2017-2019, which had not yet been given effect to. The petitioner had also furnished additional details as directed by the appellate authority in relation to these orders, which stemmed from assessments under the CST and KAVAT Acts.

Key Issues

The key issue was the respondent's failure to implement appellate orders, despite their issuance and the petitioner providing necessary details, leading the petitioner to seek a judicial direction for their enforcement.

Sections Cited

None

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944 WP(C) NO. 13325 OF 2022 PETITIONER/S: NITTA GELATIN INDIA LTD., 56/715, SBT AVENUE, PANAMPILLY NAGAR, KOCHI-682 036, REPRESENTED BY ITS MANAGING DIRECTOR PHILIP CHACKO. BY ADVS. S.ANIL KUMAR (TRIVANDRUM) SABU C.J APARNA ANIL RAHUL A. RESPONDENT/S: THE ASSISTANT COMMISSIONER (ASSESSMENT), SPECIAL CIRCLE III, STATE GST DEPARTMENT, THEVARA, KOCHI-682 015. ADV. DR. THUSHARA JAMES (SR.GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13325 OF 2022 2

JUDGMENT

The petitioner has approached this Court, seeking a direction to the respondent to implement Exts.P2 to P2(b) (orders in appeal) after taking note of Exts.P3 to P5 which contain certain details furnished by the petitioner as directed by the appellate authority.

2.

Learned counsel appearing for the petitioner submits that though the appellate orders were issued during the period from 2017-2019, they are yet to be given effect to.

3.

Having regard to the limited relief sought, th

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.