Kunnath Paper And Stationary vs. The State Tax Officer-Ii

WP(C)/10923/2019HC KeralaGSTCNR KLHC01027271201908 April 2019Bench: HONOURABLE MR.JUSTICE S.V.BHATTI3 pages

For Respondent: SR. G.P. SRI.C.K. GOVINDAN

AI SummaryAllowed

Held

The High Court directed the Deputy Commissioner (Appeals) to consider and dispose of the stay petition within two months and the appeal within four months. It also stayed recovery proceedings pursuant to the assessment order for two months.

Facts

The petitioner, M/s. Kunnath Paper and Stationary, filed a writ petition seeking a direction for the expeditious disposal of their appeal (Ext.P2) and stay petition (Ext.P3) by the Deputy Commissioner (Appeals), which were filed against an assessment order (Ext.P1).

Key Issues

The key legal issue was whether the appellate authority could be directed to expeditiously dispose of a pending appeal and stay application filed by the assessee.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941 WP(C).No. 10923 of 2019 PETITIONER/S: M/S.KUNNATH PAPER AND STATIONARY COLLEGE ROAD, THRISSUR, REPRESENTED BY ITS PARTNER, ISAAC T. T. KUNNATH, S/O. THOMAS KUNNATH. BY ADVS. SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENT/S: 1 THE STATE TAX OFFICER-II, STATE GST DEPARTMENT, FIRST CIRCLE, THRISSUR 680 001 2 THE DEPUTY COMMISSIONER(APPEALS) DEPARTMENT OF COMMERCIAL TAXES,THRISSUR 680 001 OTHER PRESENT: SR. G.P. SRI.C.K. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 10923/2019 -2-

J U D G M E N T Heard Sri Harisankar V. Menon, the learned counsel for the petitioner and Sri C.K. Govindan, the learned Senior Government Pleader for the respondents.

The petitioner prays for a direction to the second respondent to consider and dispose of Ext.P3 stay petition and Ext.P2 appeal expeditiously.

Having regard to the circumstances of the case the writ petition is disposed of directing the second respondent to consider and dispose

The judgment continues below.

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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.