Sainullabdeen Hemeedu Kunju vs. State Of Kerala

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WP(C)/16609/2018HC KeralaGSTCNR KLHC01048197201808 July 2019Bench: HONOURABLE MR.JUSTICE S.V.BHATTI61 pages

NO.32081409292/2015-16 DATED 23/4/2018 FOR THE YEAR 2015-16 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P4OF THE CONSTITUTIONAL (101ST AMENDMENT) ACT 2016. EXHIBIT P5OF THE UNION LIST (LIST 1) TO THE SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA. EXHIBIT P6OF THE STATE LIST [LIST 11] TO THE SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA. EXHIBIT P7OF THE NOTIFICATION NO:SO2986[E] DATED 16/9/2016 ISSUED BY THE DEPARTMENT OF REVENUE, GOVERNMENT OF INDIA. EXHIBIT P8OF THE INTERIM ORDER ISSUED BY THE HON'BLE COURT OF KERALA IN WPC NO. 15889/2018 DATED 15/5/2018. WP(C).No.15412 of 2018 & CONN. CASES - 45- APPENDIX OF WP(C) 16609/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1:OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE COMMERCIAL TAXES DEPARTMENT DATED NIL. EXHIBIT P2:OF THE CERTIFICATE OF PROVISIONAL REGISTRATION ISSUED BY THE GOVERNMENT OF INDIA DATED 28/06/2017 EXHIBIT P3:OF THE ORDER DATED 30/04/2018 ISSUED BY THE 3RD RESPONDENT.

WP(C).No.15412 of 2018 & CONN. CASES - 46- APPENDIX OF WP(C) 29807/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15. WP(C).No.15412 of 2018 & CONN. CASES - 47- APPENDIX OF WP(C) 29810/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF PRE-ASSESSMENT NOTICE ISSUED BY THE COMMERCIAL TAX OFFICER, PALAKKAD FOR THE YEAR 2012-13. EXHIBIT P1 A COPY OF PRE-ASSESSMENT NOTICE ISSUED BY THE COMMERCIAL TAX OFFICER, PALAKKAD FOR THE YEAR 2013-14. EXHIBIT P1 B COPY OF PRE-ASSESSMENT NOTICE ISSUED BY THE COMMERCIAL TAX OFFICER, PALAKKAD FOR THE YEAR 2014-15 DATED 23.11.2015. EXHIBIT P2 COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.12.2015. EXHIBIT P3 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 15.2.2016.. EXHIBIT P3 A COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR T THE YEAR 2013-14. EXHIBIT P3 B COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 15.02.2016. EXHIBIT P4 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 09.11.2016. EXHIBIT P4 A COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 09.11.2016. EXHIBIT P4 B COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 09.11.2016. EXHIBIT P5 COPY OF APPLICATION IN ANENXURE 1 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.11.2016. EXHIBIT P5 A COPY OF APPLICATION IN ANENXURE 1 FILED BY THE PETITIONER BEFORE THE 1ST

WP(C).No.15412 of 2018 & CONN. CASES - 48- RESPONDENT DATED 28.11.2016. EXHIBIT P5 B COPY OF APPLICATION IN ANENXURE 1 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28.11.2016. EXHIBIT P6 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 8.6.2018. EXHIBIT P6 A COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 08.6.2018. EXHIBIT P6 B COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14. DATED 08.6.2018. EXHIBIT P6 C COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15. DATED 08.6.2018. EXHIBIT P6 D COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16. DATED 08.6.2018. EXHIBIT P7 COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 13.7.2018. EXHIBIT P8 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 25.7.2018. EXHIBIT P8 A COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 25.7.2018. EXHIBIT P8 B COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 25.7.2018. EXHIBIT P8 C COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 25.7.2018. EXHIBIT P8 D COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 25.7.2018. WP(C).No.15412 of 2018 & CONN. CASES - 49- EXHIBIT P9 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 TO 2015- 16 DATED 25.7.2018. EXHIBIT P10 COPY OF STATEMENT GIVING THE SUMMARY OF THE ALLEGED PURCHASE SUPPRESSION.

WP(C).No.15412 of 2018 & CONN. CASES - 50- APPENDIX OF WP(C) 33606/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF AADHAR EVIDENCING THE NAME OF THE PETITIONER. EXHIBIT P2 COPY OF THE NOTICE DATED 26/09/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14. EXHIBIT P3 COPY OF INTERIM ORDER DATED 13/04/2018 ISSUED BY THIS HON'BLE COURT IN W.P.(C) NO.13552 OF 2018. WP(C).No.15412 of 2018 & CONN. CASES - 51- APPENDIX OF WP(C) 33810/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO.32090510799/2012-13 DATED 27.6.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2OF THE ASSESSMENT ORDER NO.32090510799/2013-14 DATED 16.7.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3OF THE ASSESSMENT ORDER NO.32090510799/2014-15 DATED 27.7.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4OF THE ASSESSMENT ORDER NO.32090510799/2015-16 DATED 17.9.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5OF THE RR NOTICE NO.A2-2984/18 DATED 9.10.2018 FOR THE YEAR 2012-13 ISSUED BY THE 4TH RESPONDENT EXHIBIT P6OF THE RR NOTICE NO.A2-2985/18 DATED 9.10.2018 FOR THE YEAR 2013-14 ISSUED BY THE 4TH RESPONDENT EXHIBIT P7OF THE RR NOTICE NO.A2-2986/18 DATED 9.10.2018 FOR THE YEAR 2014-15 ISSUED BY THE 4TH RESPONDENT

WP(C).No.15412 of 2018 & CONN. CASES - 52- APPENDIX OF WP(C) 34427/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE ASSESSMENT NOTICE FOR THE YEAR 2015-2016 DATED 11/9/2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P1 AOF THE PRE ASSESSMENT NOTICE FOR THE YEAR 2016-2017 DATED 11/9/2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P2OF THE INTERIM STAY ORDER IN WPC NO.13930 OF 2018 DATED 13TH APRIL 2018 EXHIBIT P3OF THE REPLY TO PRE ASSESSMENT NOTICE FOR THE YEAR 2015-2016 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT AGAINST P1 EXHIBIT P3 AOF THE REPLY TO PRE ASSESSMENT NOTICE FOR THE YEAR 2016-2017 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT AGAINST P1A

WP(C).No.15412 of 2018 & CONN. CASES - 53- APPENDIX OF WP(C) 35408/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF NOTICE DATED 6.8.2018 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER FOR 2013-14. EXHIBIT P1 AOF NOTICE DATED 18.9.2018 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER FOR 2014-15. EXHIBIT P2OF THE INTERIM ORDER DATED 4.4.2018 PASSED BY THIS HON'BLE COURT IN WPC NO 11335/2018 EXHIBIT P2 AOF THE INTERIM ORDER DATED 3.10.2018 PASSED BY THIS HON'BLE COURT IN WPC NO 32076/2018

WP(C).No.15412 of 2018 & CONN. CASES - 54- APPENDIX OF WP(C) 35809/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE DATED 09/08/2018. EXHIBIT P2OF INTERIM STAY ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.15148 OF 2018 DT.04/05/18. WP(C).No.15412 of 2018 & CONN. CASES - 55- APPENDIX OF WP(C) 36009/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ORDER DATED 22.03.2018,ISSUED BY THE 2ND RESPONDENT.

WP(C).No.15412 of 2018 & CONN. CASES - 56- APPENDIX OF WP(C) 37809/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE PENALTY ORDER NO.296/2016-2017 DATED 18.09.2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P2 THEOF THE INTERIM STAY NOTICE IN WPC NO.13930 OF 2018 DATED 13TH APRIL 2018. WP(C).No.15412 of 2018 & CONN. CASES - 57- APPENDIX OF WP(C) 38808/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF THE ANNUAL RETURN FOR THE YEAR 2016-17 FILED BY THE PETITIONER DATED 30.7.2017 EXHIBIT P2 COPY OF ASSESSMENT ORDER DATED 31.8.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P3 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HONBLE COURT IN WPC NO. 13552 OF 2018

WP(C).No.15412 of 2018 & CONN. CASES - 58- APPENDIX OF WP(C) 40406/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE SAID ORDER DATED 19.8.2017 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER FOR 2013-14. EXHIBIT P2OF THE INTERIM ORDER DATED 4.4.2018, PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.11335/2018. EXHIBIT P2 AOF THE INTERIM ORDER DATED 3.10.2018, PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.32076/2018. WP(C).No.15412 of 2018 & CONN. CASES - 59- APPENDIX OF WP(C) 40408/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT UNDER S/25(1)FOR THE YEAR 2015-2016, DT.30.8.2018. WP(C).No.15412 of 2018 & CONN. CASES - 60- APPENDIX OF WP(C) 40608/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER & DEMAND NOTICE FOR THE YEAR 2014-15 DATED 29.8.2018 ISSUED BY THE 1ST RESPONDENT.

WP(C).No.15412 of 2018 & CONN. CASES - 61- APPENDIX OF WP(C) 40810/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT OF ORDER NO. 32081366878/2015-16 DATED 16/7/2018. EXHIBIT P2OF THE DEMAND NOTICE NO. A7/3479/2018/DATED 16-11-2018.

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