Fathima vs. The Assistant State Tax Officer

WP(C)/13639/2021HC KeralaGSTCNR KLHC01036684202103 September 2021Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS3 pages
For Petitioner: HARISANKAR V. MENON, MEERA V.MENON
AI SummaryDismissed

Held

The Court held that the writ petition had become infructuous due to the time limit stipulated in Section 129 of the CGST Act. However, the interim direction not to invoke the bank guarantee was extended until the period for filing an appeal against the order of detention expires.

Facts

The petitioner filed a writ petition seeking to prevent the encashment of a bank guarantee (Ext.P2) that was furnished in connection with proceedings initiated under Section 129 of the Central Goods and Services Tax Act, 2017. An interim order had previously stayed the encashment of the said bank guarantee.

Key Issues

Whether a writ petition seeking to prevent the encashment of a bank guarantee in proceedings under Section 129 of the CGST Act becomes infructuous due to statutory time limits, and if interim protection can be extended post-infructuous declaration.

Sections Cited

Section 129

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943 WP(C) NO. 13639 OF 2021 PETITIONER : FATHIMA, AGED 56 YEARS, PROPRIETRIX, M/S. STEEL HOUSE, M.C. ROAD, KALADY, ERNAKULAM. BY ADVS. HARISANKAR V. MENON MEERA V.MENON RESPONDENTS : 1 THE ASSISTANT STATE TAX OFFICER, INTELLIGENCE SQUAD NO.II, STATE GOODS AND SERVICES TAX DEPARTMENT, MATTANCHERRY AT KARUKUTTY, ALUVA, ERNAKULAM-683576. 2 THE STATE TAX OFFICER, INTELLIGENCE SQUAD NO. II, STATE GOODS AND SERVICES TAX DEPARTMENT, MATTANCHERRY AT KARUKUTTY, ALUVA, ERNAKULAM-683576. 3 THE COMMISSIONER OF STATE TAX, STATE GST DEPARTMENT, TAX TOWERS, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM-695002. 4 THE MANAGER, ICICI BANK LIMITED, BM COMPLEX, OPP. EDAPPALLY CHURCH, EDAPPALLY, ERNAKULAM-682024. WP(C) NO. 13639 OF 2021 2 BY ADVS. LAL K.JOSEPH SURESH

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.