State Of Kerala vs. M/S.West Fort Hospital

OT.Rev/111/2020HC KeralaGSTCNR KLHC01041235202008 September 2020Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI7 pages
AI SummaryDismissed

Held

The High Court held that the issue was squarely covered by its Full Bench judgment in *Sanjose Parish Hospital v. Commercial Tax Officer* [2019 (1) KHC 377 (FB)], which decided the matter in favor of the assessee. The Court followed this precedent, noting that no stay had been granted in the Special Leave Petition filed before the Supreme Court against the Full Bench decision.

Facts

The State of Kerala filed revision petitions challenging orders of the Kerala VAT Appellate Tribunal regarding the taxability of oxygen, lab consumables, and radiology charges by hospitals. These items were purchased for medical emergencies and sold or used for therapeutic purposes for patients.

Key Issues

The key legal issue was the exigibility to tax of the purchase and sale of oxygen, lab consumables, and radiology charges by hospitals under the VAT regime.

Sections Cited

None

AI-generated summary — verify with the full judgment below

OT.Rev.Nos.111, 112 & 113 OF 2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE T.R.RAVI OT.Rev.No.111 OF 2020 AGAINST THE ORDER IN TAVAT 577/2017 DATED 29-11-2019 OF KERALA VAT APPELLATE TRIBUNAL, ERNAKULAM REVISION PETITIONER/S: STATE OF KERALA REP.BY THE JOINT COMMISSIONER (LAW), KERALA GST DEPARTMENT,ERNAKULAM. BY SENIOR GOVERNMENT PLEADER SRI.V.K.SHAMSUDHEEN RESPONDENT/S: M/S.WEST FORT HOSPITAL WEST FORT,THRISSUR-680002. BY ADV. SRI.HARISANKAR.V.MENON THIS OTHER TAX REVISION (VAT) HAVING BEEN FINALLY HEARD ON 08.09.2020, ALONG WITH OT.Rev.112/2020, OT.Rev.113/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

OT.Rev.Nos.111, 112 & 113 OF 2020 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE T.R.RAVI OT.Rev.No.112 OF 2020 AGAINST THE ORDER IN TAVAT 324/2016 DATED 29-11-2019 OF KERALA VAT APPELLATE TRIBUNAL, ERNAKULAM REVISION PETITIONER/S: STATE OF KERALA REP. BY THE JOINT COMMISSIONER (LA

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.