A.M.Abdul Hameed vs. The Deputy Commissioner

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WP(C)/32003/2018HC KeralaGSTCNR KLHC01073079201824 January 2019Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU59 pages

NO.32010697743/2013-14 DATED 31.7.2018 AND DEMAND NOTICE DATED 31.7.2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2013-2014. -44- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 33001/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2008-09 EXHIBIT P1 (A) COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2009-10 EXHIBIT P2 COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P2 (A) COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P3 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 (A) COPY OF ORDER ISSUED BY THE 1ST RESPONDENT

-45- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 33005/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ORDER DATED 13.8.2018 FOR THE ASSESSMENT YHEAR 2015-16 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2OF THE ORDER DATED 20.8.2018 FOR THE ASSESSMEMNT YEAR 2016-2017. EXHIBIT P3OF THE DEMAND DATED 13.8.2018 FOR THE ASSESSMENT YEAR 2015-16. EXHIBIT P4OF THE DEMAND DATED 20.8.2018 FOR THE ASSESSMENT YEAR 2016-17. -46- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 33201/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE ASSESSMENT NOTICE NO.32011355902/2013-14 DATED 29.09.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 EXHIBIT P1 (A)OF THE PRE ASSESSMENT NOTICE NO.32011355902/2014-15 DATED 29.09.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 EXHIBIT P1 (B)OF THE PRE ASSESSMENT NOTICE NO.32011355902/2015-16 DATED 29.09.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 EXHIBIT P2 TOF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P(C)NO.11335/2018 DATED 04.04.2018 .

-47- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 33203/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE-ASSESSMENT NOTICE DATED 21.07.2018 FOR THE YEAR 2015-16 ISSUED UNDER SECTION 6 (2)OF THE KERALA TAX ON LUXURIES ACT. EXHIBIT P2OF THE PRE-ASSESSMENT NOTICE DATED 21.07.2018 FOR THE YEAR 2016-17 ISSUED BY UNDER SECTION 6(2) OF THE KERALA TAX ON LUXURIES ACT. EXHIBIT P3OF THE INTERIM ORDER DATED 4.04.2018 IN W.P(C)NO.11335/2018. EXHIBIT P4OF THE INTERIM ORDER DATED 12.04.2018 IN W.P(C)NO.13136/2018. -48- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 33602/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE NO.32150738158/2016-17 DATED 30/08/2018 FOR THE YEAR 2016-17 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P2OF THE CONSTITUTIONAL (101ST AMENDMENT) ACT 2016. EXHIBIT P3OF THE UNION LIST (LIST I) TO THE SEVENTH SCHEDULE TO THE CONSTITUTIONAL OF INDIA. EXHIBIT P4OF THE STATE LIST (LIST II) TO THE SEVENTH SCHEDULE TO THE CONSTITUTIONAL OF INDIA. EXHIBIT P5OF THE NOTIFICATION NO.SO 2986(E) DATED 16/09/2016 ISSUED BY THE DEPARTMENT OF REVENU, GOVERNMENT OF INDIA. EXHIBIT P6OF THE INTERIM ORDER ISSUED BY THE HON'BLE COURT OF KERALA IN WP(C)NO.11335/2018 DATED 04/04/2018. -49- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 34204/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 07.05.2017 EXHIBIT P2 AOF THE PROCEEDINGS OF ASSESSMENT U/S 25 (1) OF THE ACT FOR THE YEAR 2016-17 PASSED BY THE 1ST RESPONDENT DATED 27.02.2018

-50- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 34604/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO.32041032265/2013-14 DATED 19.9.2018 ISSUED BY THE 1ST RESPONDENT

-51- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 34803/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE NOTICE ISSUED UNDER SEC. 25 (1) OF THE KVAT ACT FOR THE YEAR 2015-16 DATED 12.10.2018 EXHIBIT P2OF ORDER IN WRIT PETITION WPC NO. 13930/2018 DATED 13.04.2018

-52- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 36604/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16

-53- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 36605/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE NOTICE IN FORM NO,17 OR- 179/11-12 OF 30-05-11 FOR 2011 -12 ISSUED BY THE 1ST RESPONDENT UNDER RULES 38 & 101 OF KVAT RULES 2005 DATED 27.10.2018. EXHIBIT P2 AOF THE JUDGMENT IN 2018 (4)KHC 666 (DB) ARISING AGAINST THE JUDGMENT IN WP(C) NO.10979 OF 2014. -54- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 36801/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE PRE-ASSESSMENT NOTICE ISSUED UNDER SECTIONB 25(1) FOR THE YEAR 2015-16 DATED 08.10.2018. -55- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 37002/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ASSESSMENT ORDER NO. 32040294129/14-15 DATED 31.08.2018 AND DEMAND NOTICE DATED 31.08.2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2014-15

-56- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 37004/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN DATED 27.4.2017 FILED BY THE PETITIONER FOR THE YEAR 2016-17. EXHIBIT P2 COPY OF THE NOTICE DATED 30.4.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016- 2017 EXHIBIT P3 COPY OF THE REPLY DATED 3.11.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552 OF 2018

-57- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 37602/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ANNUAL RETURN DATED 26.10.2015 SUBMITTED FOR THE YEAR 2014-15 BEFORE 2ND RESPONDENT FOR SALE OF INTERLOCKING TILES. EXHIBIT P1(A)OF ANNUAL RETURN DATED 2.8.2016 SUBMITTED FOR THE YEAR 2015-16 BEFORE 2ND RESPONDENT FOR SALE OF INTERLOCING TILES. EXHIBIT P1 (B)OF ANNUAL RETURN DATED 14.6.2017 SUBMITTED FOR THE YEAR 2016-17 BEFORE 2ND RESPONDENT FOR SALE OF INTERLOCKING TILES. EXHIBIT P2OF NOTICE DATED 27.9.2017 PREPARED BY IST RESPONDENT U/S. 67(1) OF KVAT ACT 2003 PROPOSING PENALTY FOR 2014-15 ALLEGING NO RETURNS FILED. EXHIBIT P2 (A)OF NOTICE DATED 27.9.2017 PREPARED BY IST RESPONDENT U/S. 67(1) OF KVAT ACT 2003 PROPOSING PENALTY FOR 2015-16 ALLEGING NO RETURNS FILED. EXHIBIT P2 (B)OF NOTICE DATED 27.9.2017 PREPARED BY IST RESPONDENT U/S. 67(1) OF KVAT ACT 2003 PROPOSING PENALTY FOR 2016- 17ALLEGING NO RETURNS FILED. EXHIBIT P3OF COMMON REPLY DATED 30.1.2018 SUBMITTED BEFORE THE IST RESPONDENT WHILE PRODUCING BOOKS OF ACCOUNTS FOR 2014-15 TO 2015-16 ALONG WITH PURCHASE AND SALES STATEMENT AND ENGLISH TRANSACTION TO MALAYALAM. EXHIBIT P4OF ORDER DATED 2.2.2018 COMPLETED BY IST RESPONDENT U/S.67(1) OF KVAT ACT 2003 IMPOSING PENALTY FOR 2014-15. EXHIBIT P4 (A)OF ORDER DATED 2.2.2018 COMPLETED BY IST RESPONDENT U/S.67(1) OF KVAT ACT 2003 IMPOSING PENALTY FOR 2015-16 EXHIBIT P4 (B)OF ORDER DATED 7.3.2018 COMPLETED BY IST RESPONDENT U/S.67(1) OF KVAT ACT 2003 IMPOSING PENALTY FOR 2016-17. -58- WP(C).No. 30201 of 2018 & CON. CASES EXHIBIT P5 COPY OF EXTRA-ORDINARY GAZETTE OF INDIA DATED 8.9.2016 PUBLISHED BY 5TH RESPONDENT FOR 101ST AMENDMENT ACT 2016 MADE IN CONSTITUTION OF INDIA. EXHIBIT P6 COPY OF INTERIM ORDER DATED 4.4.2018 PASSED BY THIS HON'BLE COURT IN WRIT PETITION (C) NO.11335 OF 2018, IN STAYING FURTHER STEPS, ON THE FOOTING OF NOT HAVING LEGISLATIVE COMPLIANE, AS ON COMPLETION OF PROCEEDINGS UNDER KVAT ACT. EXHIBIT P7 COPY OF ARREAR NOTICE DATED 8.11.2018 RAISED BY 2ND RESPONDENT IN FORM NO.12A OF KVAT ACT 2003, SERVED ON 12.11.2018 BASED ON EXT.P4, P4(A) AND P4(B) DEMANDS.)

-59- WP(C).No. 30201 of 2018 & CON. CASES APPENDIX OF WP(C) 37803/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF THE MONTHLY RETURN FOR THE MONTH OF MARCH 2017 FILED BY THE PETITIONER DATED 27.04.2018. EXHIBIT P2 COPY OF ASSESSMENT ORDER DATED 31.08.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P3 COPY OF INTERIM ORDER DATED 13.04.2018 ISSUED BY THIS HON'BLE COURT IN W.P(C)NO.13552 OF 2018.

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