S.Chandrasekharan Nair vs. The State Tax Officer (Works Contract)

WP(C)/18686/2021HC KeralaGSTCNR KLHC01049063202113 September 2021Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS4 pages
AI SummaryAllowed

Held

The High Court directed the Joint Commissioner (Appeals) to consider and pass orders on the petitioner's stay petition within three months. All coercive proceedings pursuant to the demand notice were ordered to be kept in abeyance until the stay petition was disposed of.

Facts

The petitioner, a dealer under the Kerala Value Added Tax Act, 2003, received an assessment order and demand notice for the year 2016-17. He filed an appeal along with a stay petition, but coercive recovery steps were initiated before the stay petition was decided.

Key Issues

Whether coercive recovery steps can be initiated while a stay petition against an assessment order is pending, and if the appellate authority can be directed to decide the stay petition expeditiously.

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Heard together (2 matters)

WP(C) NO. 18686 OF 2021
T.C.4/61

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943 WP(C) NO. 18686 OF 2021 PETITIONER: S.CHANDRASEKHARAN NAIR PROPRIETOR, M/S.JYOTHIS, T.C.4/61, MUTTADA ROAD, AMBALAMUKKU, KAWDIAR.P.O, THIRUVANANTHAPURAM-695003. BY ADV.S.ANIL KUMAR (TRIVANDRUM) ADV.RAHUL A. ADV.APARNA ANIL RESPONDENTS: 1 THE STATE TAX OFFICER (WORKS CONTRACT) STATE GST DEPARTMENT, TAX TOWER, KARAMANA, THIRUVANANTHAPURAM,PIN CODE-695002. 2 THE JOINT COMMISSIONER (APPEALS) STATE GST DEPARTMENT, TAX TOWER, KARAMANA, THIRUVANANTHAPURAM,PIN CODE-695002. SMT. JASMINE M.M., GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.18686/21 BECHU KURIAN THOMAS, J. --------------------------------- W.P.(C). No.18686 of 2021 --------------------------------- Dated this the 13th day of September, 2021 JUDGMENT Petitioner was a dealer under the Kerala Value Added Tax Act, 2003. By Ext.P1 assessment order issued by the 1st respondent for the assessm

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