V-Tech Electric PVT. LTD. vs. The State Tax Officer (W.C & L.T)

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WP(C)/17444/2021HC KeralaGSTCNR KLHC01046043202131 August 2021Bench: HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUE AY, THE 31ST DAY OF AUGUST 2021 / 9TH BHADRA, 1943 WP(C) NO. 17444 OF 2021 PETITIONER: V-TECH ELECTRIC PVT. LTD., KOOTHOOR BUILDING, MANNADIAR LANE, THRISSUR 680 001, REPRESENTED BY ITS MANAGING DIRECTOR VINU FRANCIS K.J., BY ADVS. S.ANIL KUMAR (TRIVANDRUM) RAHUL A. APARNA ANIL RESPONDENTS: 1 THE STATE TAX OFFICER (W.C & L.T) STATE GST DEPARTMENT, POOTHOLE, THRISSUR DISTRICT 680 004. 2 THE JOINT COMMISSIONER (APPEALS) STATE GST DEPARTMENT, POOTHOLE, THRISSUR DISTRICT, 680 004. DR.THUSHARA JAMES (SR.GOVT.PLEADER) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.17444/21 -:2:- JUDGMENT Dated this the 31st day of August, 2021 The writ petitioner has preferred Ext.P2 appeal against the order of assessment dated 30.07.2021 along with Ext.P3 stay petition. The grievance of the petitioner is that while

the appeal is pending and stay petition having not been considered, proceedings for recovery are being initiated against the petitioner. The petitioner seeks for an early consideration of the Ext.P3 stay petition.

2.

Having heard Adv.S.Anil Kumar, the learned counsel for the petitioner as well as Dr.Thushara James, the learned Senior Government Pleader, I am of the view that this writ petition can be disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P3 stay petition expeditiously.

3.

In the above circumstances, there will be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P3 stay petition within a period of four months from today. All proceedings for recovery of the tax due

W.P.(C) No.17444/21 -:3:- under Ext.P1 shall be kept in abeyance till orders, as directed above, are passed. The writ petition is disposed of as above. BECHU KURIAN THOMAS JUDGE vps

W.P.(C) No.17444/21 -:4:- APPENDIX OF WP(C) 17444/2021 PETITIONER'S/S' EXHIBITS Exhibit P1 COPY OF ASSESSMENT ORDER DATED 30.07.2021 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16. Exhibit P1(a) COPY OF DEMAND NOTICE DATED 30.07.2021 ISSUED BY THE IST RESPONDENT IN RESPECT OF EXT.P1 ORDER. Exhibit P2 COPY OF APPEAL MEMORANDUM AGAINST EXT.P1. Exhibit P3 COPY OF STAY PETITION FILED IN EXT.P2 APPEAL.

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.