T.M. Ebraham vs. The Intelligence Officer

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WP(C)/18560/2018HC KeralaGSTCNR KLHC01050147201822 January 2019Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU62 pages

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NO.32072051114/2014-15 DATED 28/3/2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2OF THE ASSESSMENT ORDER NO.32072051114/2015-16 DATED 28/3/2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3OF THE ASSESSMENT ORDER NO.32072051114/2016-17 DATED 28/3/2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4OF THE ORDER IN WPC NO.11335/2018 OF THIS HON'BLE COURT DATED 4/4/2018

-43- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 17764/2018 PETITIONER'S/S EXHIBITS: EXT.P1 COPY OF ANNUAL RETURN FOR THE YEAR 2012-13 EXT.P1(A) COPY OF ANNUAL RETURN FOR THE YEAR 2016-17 EXHIBIT P2 COPY OF NOTICE DATED 11/12/2017 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2012-13 EXHIBIT P2(A) COPY OF NOTICE DATED 1/3/2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2016-17 EXHIBIT P3 COPY OF THE REPLY DATED 19/1/2018 FILED BY THE PETITIONER AGAINST EXT.P2 EXHIBIT P3(A) COPY OF THE REPLY DATED 20/3/2018 FILED BY THE PETITIONER AGAINST EXT.P2(A) EXHIBIT P4 COPY OF ASSESSMENT ORDER DATED 5/3/2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2012- 13 EXHIBIT P4(A) COPY OF ORDER DATED 23/4/2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2016-17 EXHIBIT P5 COPY OF INTERIM ORDER DATED 13/4/2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552/2018

-44- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 17770/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE FORM 17 NOTICE DATED 17.05.2018 ISSUED UNDER RULE 38 AND 101 OF THE KVAT RULES. EXHIBIT P2OF THE INTERIM ORDER DATED 4.04.2018 IN WPC 11335/2018 EXHIBIT P3OF THE INTERIM ORDER DATED 12.04.2018 IN WPC 13136/2018

-45- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 17962/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE NO.32081103235/2014-15 DATED 40/4/2018. EXHIBIT P2 COPY OF THE NOTICE NO. 32081103235/2015-16 DATED 30/4/2018. -46- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18162/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO. 32061355165/2011-12 DATED 28.02.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12. EXHIBIT P2OF THE ASSESSMENT ORDER NO. 32061355165/2012-13 DATED 28.02.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13. EXHIBIT P3OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC NO. 11335/2018 DATED 04.0.2018. -47- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18163/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN FOR THE YEAR 2012-13 EXHIBIT P2 COPY OF NOTICE DATED 19/3/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 EXHIBIT P3 COPY OF REPLY DATED 24/4/2018 FILED BY THE PETITIONER EXHIBIT P4 COPY OF ASSESSMENT ORDER DATED 28/4/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 EXHIBIT P5 COPY OF INTERIM ORDER DATED 13/4/2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552/2018

-48- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18367/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN FOR THE YEAR 2015-16 EXHIBIT P2 COPY OF NOTICE DATED 5/10/2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 COPY OF REPLY DATED 1/12/2017 FILED BY THE PETITIONER EXHIBIT P4 COPY OF ORDER DATED 4/5/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015- 2016 U/S.25 EXHIBIT P5 COPY OF INTERIM ORDER DATED 13/4/2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552/2018

-49- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18558/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF PRE-ASSESSMENT NOTICE FOR THE YEAR 2013-2014 DATED 16.5.2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P2OF ORDER ISSUED BY THIS COURT IN SIMILAR WRIT PETITIONS AND PASSED INTERIM ORDERS IN W.P.C.NO.13930/2018, DATED 13.04.2018. -50- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18559/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 30.04.2018. EXHIBIT P2 COPY OF ORDER IN W.P[C]NO.11335/18 OF THIS HON'BLE COURT DATED 04.04.2018. -51- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18560/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17 DATED 23.02.2018. EXHIBIT P2 COPY OF ORDER IN W.P[C]NO.11335/18 OF THIS HON'BLE COURT DATED 04.04.2018. -52- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18763/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE-ASSESSMENT NOTICE NO.32072081804/2014-15 DATED 03.04.2018. EXHIBIT P2OF THE IMPUGNED ASSESSMENT ORDER 32072081804/2014-15 DATED 27.04.2018. -53- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 18957/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE CERTIFICATE OF REGISTRATION FOR GST. EXHIBIT P2 THEOF THE CERTIFICATE ISSUED FROM COMMERCIAL TAXES DEPARTMENT. EXHIBIT P3 THEOF THE LICENSE ISSUED FROM MUNICIPALITY. EXHIBIT P4 THEOF THE ORDER NO.32120999223/2017-18 DATED 17.1.2018. EXHIBIT P5 THEOF THE DEMAND NOTICE FOR RS.133731/- DATED 14.3.2018. EXHIBIT P6 THEOF THE DEMAND NOTICE FOR RS.275046/- DATED 14.3.2018. EXHIBIT P7 THEOF THE DEMAND NOTICE FOR RS.31098/- DATED 14.3.2018. EXHIBIT P8 THEOF THE DEMAND NOTICE DATED 14.12. 17. EXHIBIT P9 THEOF THE DETAILED REPLY SENT BY THE PETITIONER. EXHIBIT P10 THEOF THE ORDER DATED 26.4.2018. EXHIBIT P11 THEOF THE DEMAND NOTICE TO THE PETITIONER TO PAY RS.857295/- DATED 26.4.2018. -54- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 19356/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1:OF ASSESSMENT ORDER NO.32010712874 DATED 26/04/2018 ISSUED BY THE 1ST RESPONDENT FOR THE ASSESSMENT YEAR 2016 - 2017. EXHIBIT P2: AOF THE INTERIM ORDER DATED 04/04/2018 PASSED IN WPC.NO.11335 OF 2018 BY THE HON'BLE HIGH COURT OF KERALA.

-55- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 19365/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN FOR THE YEAR 2011-2012 DATED 07.07.2012. EXHIBIT P2 COPY OF ASSESSMENT ORDER DATED 21.02.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-2012. EXHIBIT P3 COPY OF INTERIM ORDER DATED 13.04.2018 ISSUED BY THIS HON'BLE COURT IN W.P. (C) NO.13552 OF 2018. -56- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 19557/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE REGISTRATION CERTIFICATE NO.32051648002 DTD. 26.12.07 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 THEOF THE GST REGISTRATION CERTIFICATE NO.32AAACV6959NIZR DTD. 21.9.17 ISSUED TO THE PETITIONER. EXHIBIT P3 THEOF THE ANNUAL RETURN FOR 2011-12. EXHIBIT P4 THEOF THE ANNUAL RETURN FOR 2012-13. EXHIBIT P5 THEOF THE ANNUAL RETURN FOR 2014-15. EXHIBIT P6 THEOF THE PENALTY ORDER NO.ISK III/CR-5/2017-18(2011-12) DTD. 12.3.18 WITH DEMAND NOTICE. EXHIBIT P7 THEOF THE PENALTY ORDER NO.ISK III/CR 6/2017-18(2012-13) DTD. 12.3.18 WITH DEMAND NOTICE. EXHIBIT P8 THEOF THE PENALTY ORDER NO.ISK III/CR-38/2014-15 DTD. 12.3.18 WITH DEMAND NOTICE.

-57- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 19761/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN IN FORM 10 FOR THE YEAR 2014-15 EXHIBIT P1(a) COPY OF ANNUAL RETURN IN FORM 10 FOR THE YEAR 2015-16 EXHIBIT P1(b) COPY OF ANNUAL RETURN IN FORM 10 FOR THE YEAR 2016-17 EXHIBIT P2 COPY OF NOTICE DATED 9.03.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2014-15 EXHIBIT P2(a) COPY OF NOTICE DATED 9.03.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2015-16 EXHIBIT P2(b) COPY OF NOTICE DATED 9.03.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2016-17 EXHIBIT P3 COPY OF REPLY DATED 10.04.2018 FILED BY THE PETITIONER FOR THE YEAR 2014-15 EXHIBIT P3(a) COPY OF REPLY DATED 10.04.2018 FILED BY THE PETITIONER FOR THE YEAR 2015-16 EXHIBIT P3(b) COPY OF REPLY DATED 10.04.2018 FILED BY THE PETITIONER FOR THE YEAR 2016-17 EXHIBIT P4 COPY OF ORDER DATED 25.04.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 U/S.25(1) EXHIBIT P5 COPY OF REVISED NOTICE DATED 03.05.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2015-16

-58- W.P.(C). No. 17570 of 2018 & Con. cases EXHIBIT P5 (a) COPY OF REVISED NOTICE DATED 03.05.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2016-17 EXHIBIT P6 COPY OF INTERIM ORDER DATED 13.04.2018 ISSUED BY THIS HON'BLE COURT IN WP(C) No.13552 OF 2018

-59- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 19765/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 26-03-2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P2OF ORDER ISSUED BY THIS COURT IN SIMILAR WITH PETITIONER AND PASSED INTERIM ORDERS IN WPC NO. 13930/2018,DATED 13/04/2018

-60- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 20768/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN DATED 03-06-2014 SUBMITTED FOR THE YEAR 2013-14 BEFORE 1ST RESPONDENT, WITH PROOF OF PAYMENT OF OUTPUT TAX, IN ACCORDANCE WITH LAW. EXHIBIT P2 COPY OF ONLINE AUDIT REPORT IN FORM NO. 13 AND 13A,ALONG WITH AUDITED FINANCIAL STATEMENT FOR 2013-14 SUBMITTED BEFORE 1ST RESPONDENT EXHIBIT P3 COPY OF NOTICE DATED 23-03-2018 ISSUED TO PETITIONER, FOR 2013-14 U/S. 25(1) OF THE KVAT ACT 2003, PROPOSING TO COMPLETE BEST JUDGMENT ASSESSMENT AFTER MAKING ADDITIONS, BY SCRUITINY OF RETURNS IN KVATIS EXHIBIT P4 COPY OF DETAILED REPLY DATED 13-04- 2018 SUBMITTED BY PETITIONER AGAINST EXT P3 NOTICE, IN POINTING OUT THE SYSTEM ERROR. EXHIBIT P5 COPY OF ORDER DATED 22-05-2018 COMPLETED U/S. 25(1) OF KVAT ACT 2003, BY 1ST RESPONDENT FOR 2013-14, IN COMPLETING THE ASSESSMENT AFTER MAKING ADDITIONS, PASSED WITHOUT PROPER AUTHORITY EXHIBIT P6 COPY OF INTERIM ORDER DATED 04-04-2018 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 COMPLIANCE, AS ON THE DATE OF COMPLETION OF PROCEEDINGS UNDER KVAT ACT 2003. -61- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 22160/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 : AOF THE ORDER OF ASSESSMENT DATED 24.3.2018 PASSED BY THE 2ND RESPONDENT UNDER THE KVAT ACT FOR THE YEAR 2011-12. EXHIBIT P2 : AOF THE RECTIFICATION PETITION (WITHOUT ANNEXURES)DATED 10.4.2018 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P3 : AOF THE JUDGMENT DATED 13.4.2018 PASSED BY THIS HON'BLE COURT IN WPC.NO.13724/2018. EXHIBIT P4 : AOF THE ORDER DATED 16.4.2018 PASSED BY THE 2ND RESPSONDENT. EXHIBIT P5 : AOF THE JUDGMENT DATED 8.5.2018 PASSED BY THIS HON'BLE COURT IN WPC.NO.14445/2018. EXHIBIT P6 : AOF THE AGRUMENT NOTE(WITHOUT ANNEXURES) DATED 14.4.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 : AOF THE ORDER DATED 23.5.2018 ISSUED BY THE 2ND RESPONDENT, DISMISSING THE RECTIFICATION PETITION FILED BY THE PETITIONER.

-62- W.P.(C). No. 17570 of 2018 & Con. cases APPENDIX OF WP(C) 23959/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT NO. 32074308641/2013-14 DATED 28.03.2018 ISSUED BY THE 1ST RESPONDENT.

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