Sri.N.A.Varghese vs. Inspecting Assistant Commissioner(Intelligence)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUE AY, THE 06TH DAY OF OCTOBER 2020 / 14TH ASWINA, 1942 WP(C).No.19633 OF 2020(D) PETITIONER/S: SRI.N.A.VARGHESE AGED 61 YEARS PROPRIETOR, SONIA FURNITURE AND WOOD WORKS, MANANTHAVADY. BY ADVS. SRI.RAJESH NAMBIAR SMT.SINDHU K.NAMBIAR RESPONDENT/S: 1 INSPECTING ASSISTANT COMMISSIONER(INTELLIGENCE) STATE GOODS AND SERVICE TAX, NIRMAL ARACDE BUILDING, ERANHIPALAM, KOZHIKODE. 2 THE COMMISSIONER OF STATE TAX, OFFICE OF THE COMMISSIONER OF STATE, GOODS AND SERVICE TAX DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. OTHER PRESENT: GP DR.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.19633 OF 2020(D) 2 JUDGMENT

The petitioner has approached this Court seeking a direction to the 1st respondent to furnish the information sought for by the petitioner in Ext.P5 application, pertaining to the fate of proceedings that were initiated against the petitioner in 2009, pursuant to a detention of goods under Section 47(2) of the Kerala Value Added Tax Act.

When the matter was taken up for orders today, it was submitted by the learned Government Pleader, on instructions, that all the three files namely the files relating to VC 1672/2008-09, VC 1673/2008-09 and VC1674/2008-09 have been transferred to the Intelligence Officer, Squad No.3 State GST Department, Wayanad and, pursuant to the request received from the petitioner, the necessary information has been made available to the petitioner by communication dated 6.3.2020 and acknowledged by him on 13.3.2020. The same communication is stated to have been repeated through registered post on 29.9.2020. The learned Government Pleader would also submit that as per the instructions received by her, the aforesaid proceedings are still pending before the authority mentioned above. Taking note of the submissions of the learned Government Pleader on instructions and recording the same, the writ petition is now closed without prejudice to the right of the petitioner to pursue the matter before the Intelligence Officer, Squad No.3 State GST Department, Wayanad. A.K.JAYASANKARAN NAMBIAR

JUDGE SJ

WP(C).No.19633 OF 2020(D) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LETTER ISSUED BY THE PETITIONER DATED 19.02.2019 SEEKING REFUND OF THE SECURITY DEPOSIT. EXHIBIT P2OF THE REPLY LETTER DATED 14.01.2020 OF THE STATE TAX OFFICER (INT), SQUAD NO.V, NILAMBUR. EXHIBIT P3OF THE APPLICATION DATED 09.01.2020 MADE UNDER THE RTI ACT BY THE PETITIONER. EXHIBIT P4OF THE LETTER DATED 17.01.2020 OF THE STATE PUBLIC INFORMATION OFFICER. EXHIBIT P5OF THE APPLICATION DATED 24.01.2020 MADE TO THE 1ST RESPONDENT UNDER THE RTI ACT. EXHIBIT P6OF THE REPRESENTATION DATED 03.03.2020. EXHIBIT P7OF THE REPLY DATED 29.02.2020 OF THE 1ST RESPONDENT.