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Kollam Internet Cable Distribution PVT.LTD. vs. The Commercial Tax Officer

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WP(C)/28662/2019HC KeralaGSTCNR KLHC01074640201905 December 2019Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THUR AY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941 WP(C).No.28662 OF 2019(G) PETITIONER: M/S.KOLLAM INTERNET CABLE DISTRIBUTION PVT.LTD., DOOR NO.XVIII/456, 2ND FLOOR, EAST VILLAGE, THAMARAKULAM, KOLLAM - 691 001, REP. BY ITS MANAGING DIRECTOR, RAJ ANTONY FERIAH. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON RESPONDENTS: 1 THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, 1ST CIRCLE, KOLLAM - 691001. 2 THE COMMISSIONER OF STATE GST, TAX TOWERS, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM - 695 002. DR.THUSHARA JAMES, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.28662 OF 2019 2 JUDGMENT In this writ petition, the petitioner seeks permission from the respondents to revise the returns filed by them for June 2017 under the KVAT/CST Act.

2.

The learned Government Pleader would submit, on instructions, that there are no penal proceedings initiated against the petitioner for the assessment year in question and hence the request for revision of returns preferred by them can be considered. Taking note of the said submission of the learned Government Pleader, on instructions, I allow this writ petition by directing the respondents to open the web portal of the department for a period of one week after intimation to the petitioner so as to enable the petitioner to revise the returns for the assessment year in question. The petitioner shall produce a copy of this writ petition together with a copy of this judgment before the respondents, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE Np/05.12.19

WP(C).No.28662 OF 2019 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P2 COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER, KOLLAM. RESPONDENT'S/S EXHIBITS: NIL

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.