K.Mani vs. The State Tax Officer (Ib)

WP(C)/12840/2018HC KeralaGSTCNR KLHC01044430201824 February 2022Bench: HONOURABLE MR. JUSTICE AMIT RAWAL3 pages
For Petitioner: SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON
AI SummaryDismissed

Held

The High Court held that the impugned penalty orders were appealable under Section 55 of the KVAT Act, 2003. The petitioner was relegated to avail the remedy of appeal, with the period spent in the High Court being excluded for limitation purposes, and all pleas raised in the writ petition could be presented in the appeal.

Facts

The petitioner challenged penalty orders for the assessment years 2008-2009 and 2009-2010, issued by the State Tax Officer. These orders were passed after a previous revision where the Revisional Court had directed the Assessing Officer to consider certain aspects.

Key Issues

Whether a writ petition challenging penalty orders should be entertained when an alternative remedy of appeal is available under the KVAT Act, and how to treat the period spent in High Court litigation for appeal limitation.

Sections Cited

Section 55 of the KVAT Act, 2003

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 AMIT RAWAL THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 WP(C) NO. 12840 OF 2018 PETITIONER: K.MANI M/S. VMS POULTRY FARM, THITTUMPURAM, THIRUVAZHIYUDU, PALAKKAD DISTRICT. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE STATE TAX OFFICER (IB) STATE GST DEPARTMENT, MATTANCHERRY AT MINI CIVIL STATION, ALUVA-683 101. 2 STATE OF KERALA REPRESENTED BY ITS SECRETARY,TAXES DEPARTMENT, GOVT. SECRETARIAT,THIRUVANANTHAPURAM.695 001. BY ADV GOVERNMENT PLEADER SRI.JIMMY GEORGE GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12840 OF 2018 2

JUDGMENT Concededly, order of penalty Exts.P3 and P3(a) for the assessment year 2008-2009 and 2009-2010 respectively are appealable under Section 55 of the KVAT Act, 2003. Learned counsel for the petitioner submits that against the previous penalty order, revision was preferred and Revisional Court directed the Assessing Officer to consider certain aspects which have not been taken into consideration.

This Court had admitted the writ petition on 11.04.20

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.