Speed Enterprises vs. The State Tax Officer (Wc)

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WP(C)/37087/2018HC KeralaGSTCNR KLHC01085920201818 January 2019Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU48 pages

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NO.32010933598/2011-12 DATED 07-05-2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12. EXHIBIT P1(A)OF THE ASSESSMENT ORDER NO.32010933598/2012-13 DATED 07-05-2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13. EXHIBIT P1(B)OF THE ASSESSMENT ORDER NO.32010933598/2013-14 DATED 07-05-2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14. EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C)NO.11335/2018 DATED 04-04-2018. -31- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 16888/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1:OF THE NOTICE NO. 32080594814/2014-15 DATED 15.12.2017 EXHIBIT P2:OF THE REPLY DATED 11.1.2018 EXHIBIT P3;OF THE ASSESSMENT ORDER NO.32080594814/2014-15 DATED 30.4.2018

-32- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 16890/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1. COPY OF ANNUAL RETURN FOR THE YEAR 2013-14 EXHIBIT P1 (A). COPY OF ANNUAL RETURN FOR THE YEAR 2014-15 EXHIBIT P1(B) COPY OF ANNUAL RETURN FOR THE YEAR 2015-16. EXHIBIT P2. COPY OF THE ORDER DATED 27.04.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2013-14 EXHIBIT P2 (A). COPY OF THE ORDER DATED 26.04.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2014-15 EXHIBIT P2 (B). COPY OF THE ORDER DATED 27.04.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2015-16 EXHIBIT P3. COPY OF INTERIM ORDER DATED 13.04.2018 ISSUED BY THIS HON'BLE COURT IN W.P. (C)NO.13552 OF 2018

-33- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 17287/2018 PETITIONER'S/S EXHIBITS: EXT.P-1:OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT UNDER S.6(2)OF THE ACT,FOR THE YEAR 2013-2014 DATED 18.12.2017 EXT.P-2:OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT UNDER S.6(2)OF THE ACT,FOR THE YEAR 2014-2015 DATED 18.12.2017 EXT.P-3:OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT UNDER S.6(2)OF THE ACT,FOR THE YEAR 2016-2017 DATED 18.12.2017 EXT.P-4:OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.15512/2018 DATED 08.05.2018. EXT.P-5:OF THE DEMANT NOTICE ISSUED BY UNDER S.7 OF THE RR ACT FOR THE YEAR 2013- 14 DATED 04.04.2018 EXT.P-6: TREU COPY OF THE DEMAND NOTICE ISSUED UNDER S.34 OF THE RR ACT FOR THE YEAR 2013-14 DATED 04.04.2018 EXT.P-7: TREU COPY OF THE DEMAND NOTICE ISSUED UNDER S.7 OF THE RR ACT FOR THE YEAR 2014-15 DATED 27.04.2018 EXT.P-8:` TTREU COPY OF THE DEMAND NOTICE ISSUED UNDER S.34 OF THE RR ACT FOR THE YEAR 2014- 15 DATED 27.04.2018 EXT.P-9: TREU COPY OF THE DEMAND NOTICE ISSUED UNDER S.7 OF THE RR ACT FOR THE YEAR 2016-17 DATED 27.04.2018 EXT.P-10:OF THE DEMAND NOTICE ISSUED UNDER S.34 OF THE RR ACT FOR THE YEAR 2016-17 DATED 27.04.2018. -34- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 17689/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE ASSESSMENT ORDER FOR THE YEAR 2013-2014 DATED 27.1.2018 AND DEMAND NOTICE THEREON DATED 27.1.2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P2 THEOF THE INTERIM STAY ORDER IN W.P.C.NO.13930 OF 2018 DATED 13TH APRIL 2018. -35- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 17690/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 1.2.2018.. EXHIBIT P2 COPY OF ORDER IN WP(C) NO.11335/2018 OF THIS HON'BLE COURT DATED 4.4.2018. -36- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 18486/2018 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. -37- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 18688/2018 PETITIONER'S/S EXHIBITS: XHIBIT P1 AOF THE SHAW CAUSE NOTICE ISSUED U/S.25[1] OF THE KVAT ACT FOR 2015-16 DATED 23.11.2017. EXHIBIT P2 AOF THE REPLY FILED AGAINST EXHIBIT P1 NOTICE DATED 02.02.2018. EXHIBIT P3 AOF THE PROCEEDINGS OF ASSESSMENT PASSED FOR 2015-16 DATED 28.04.2018. -38- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 18889/2018 PETITIONER'S/S EXHIBITS: EXT.P1:OF THE ASSESSMENT ORDER NO.A1- 2/2017-18 DATED 28.02.2018 PASSED BY THE 1ST RESPONDENT. EXT.P2:OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C)NO.11335/2018 DATED 04.04.2018. -39- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 19286/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE APPELLATE ORDER OF DEPUTY COMMISSIONER APPEALS, PALAKKAD DATED 11.01.2018. EXHIBIT P2OF THE NOTICE FOR AY 2009-2010 U/S.25(1) OF THE KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 10.04.2018. EXHIBIT P3OF THE NOTICE FOR AY 2010-2011 U/S.25(1) OF THE KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 10.04.2018. EXHIBIT P4 REPLY LETTER FILED BY THE PETITIONER TO THE 1ST RESPONDENT FOR AY 09-10 DATED 07.05.2018. EXHIBIT P5OF THE NOTICE FOR AY 2009-2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 17.05.2018. EXHIBIT P6OF THE NOTICE FOR AY 2009-2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 10.04.2018. EXHIBIT P7OF THE RELEVANT PAGE OF SHORT LIST OF THE PROCEEDINGS IN BETWEEN 23.03.2016 TO 17.05.2018. -40- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 28689/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13. -41- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 35489/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE REVISED ASSESSMENT ORDER DATED 2.8.2018 FOR THE YEAR 2014-15 PASSED BY THE FIRST RESPONDENT. EXHIBIT P2OF THE REVISED ASSESSMENT ORDER DATED 2.8.2018 FOR THE YEARS 2015-16 PASSED BY THE FIRST RESPONDENT. EXHIBIT P3OF THE ADJOURNMENT APPLICATION DATED 20.1.2018 FILED BEFORE THE FIRST RESPONDENT AND ACKNOWLEDGEMENT. EXHIBIT P4OF THE FORM 20H DECLARATION FOR THE YEARS 2015-16 ISSUED BY THE SUB CONTRACTOR. EXHIBIT P5OF THE FORM 20H DECLARATION FOR THE YEARS 2014-15. EXHIBIT P6OF THE ANNUAL RETURN FOR THE YEARS 2014-15 FILED BEFORE THE FIRST RESPONDENT. EXHIBIT P7OF THE ANNUAL RETURN FOR THE YEARS 2015-16 FILED BEFORE THE FIRST RESPONDENT. EXHIBIT P8OF THE AUDIT REPORT FOR THE YEARS 2014-15 FILED BEFORE THE FIRST RESPONDENT. EXHIBIT P9OF THE AUDIT REPORT FOR THE YEARS 2015-16 FILED BEFORE THE FIRST RESPONDENT.

-42- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 35686/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE-ASSESSMENT NOTICE NO.32151599403/2014-15 FOR FOR THE YEAR 2014-15 DATED 23-06-2018 U/S.25(1) OF KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P1 AOF THE PRE-ASSESSMENT NOTICE NO.32151599403/2015-16 FOR FOR THE YEAR 2015-16 DATED 23-06-2018 U/S.25(1) OF KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P1 BOF THE PRE-ASSESSMENT NOTICE NO.32151546505/2016-17 FOR FOR THE YEAR 2016-17 DATED 23-06-2018 U/S.25(1) OF KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P2OF THE ASSESSMENT NOTICE NO.32151599403/2014-15 FOR FOR THE YEAR 2014-15 DATED 31-07-2018 U/S.25(1) OF KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P2 AOF THE ASSESSMENT NOTICE NO.32151599403/2015-16 FOR FOR THE YEAR 2015-16 DATED 31-07-2018 U/S.25(1) OF KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P2 BOF THE ASSESSMENT NOTICE NO.32151599403/2016-17 FOR FOR THE YEAR 2016-17 DATED 31-07-2018 U/S.25(1) OF KVAT ACT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P3OF HE CONSTITUTIONAL (101ST AMENDMENT) ACT 2016 EXHIBIT P4OF THE UNION LIST (LIST I) TO THE SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA EXHIBIT P5OF THE STATE LIST (LIST II) TO THE SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA

-43- WP(C).No. 19287 of 2018 & CON. CASES EXHIBIT P6OF THE NOTIFICATION NO.SO 2986 (E) DATED 16-09-2016 ISSUED BY THE DEPARTMENT OF REVENUE, GOVERNMENT OF INDIA EXHIBIT P7OF THE INTERIM ORDER ISSUED BY THE HON'BLE COURT OF KERALA WP(C) NO.11335/18 DATED 04-04-2018

-44- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 36086/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO. 32071337201 /2011-12 DATED 30.4.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE YEAR 2011-12 EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HONBLE COURT IN WPC NO. 11335/2018 DATED 04.04.2018 EXHIBIT P3OF THE REVENUE RECOVERY NOTICE ISSUED BY THE 5TH RESPONDENT DEMANDING THE PAYMENT OF THE ASSESSED TAX IN EXHIBIT P1 ORDER DATED 20.10.2018

-45- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 36489/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ORDER NO.32080745608/14-15 DATED 09.11.2017. EXHIBIT P2OF THE ORDER NO.32080745608/16-17 DATED 28.02.2018. EXHIBIT P3OF THE DEMAND NOTICE NO.2018/6633/08(UNDER SECTION 7) DATED 16.10.2018 WITH ENGLISH TRANSLATION. EXHIBIT P3 AOF THE DEMAND NOTICE NO.2018/6633/08(UNDER SECTION 34) DATED 16.10.2018 WITH ENGLISH TRANSLATION. EXHIBIT P4OF THE DEMAND NOTICE NO.2018/6636/08(UNDER SECTION 7) DATED 16.10.2018 WITH ENGLISH TRANSLATION. EXHIBIT P4 AOF THE DEMAND NOTICE NO.2018/6636/08(UNDER SECTION 34) DATED 16.10.2018 WITH ENGLISH TRANSLATION.

-46- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 37086/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 17.4.2018

-47- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 37087/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 31.8.2018

-48- WP(C).No. 19287 of 2018 & CON. CASES APPENDIX OF WP(C) 37489/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF NOTICE DATED 31/10/2018 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA TAX ON LUXURIES ACT FOR THE YEAR 2013-14. EXHIBIT P1 A COPY OF NOTICE DATED 31/10/2018 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA TAX ON LUXURIES ACT FOR TH YEAR 2014-15. EXHIBIT P1 B COPY OF NOTICE DATED 31/10/2018 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA TAX ON LUXURIES ACT FOR TH YEAR 2015/16. EXHIBIT P1 C COPY OF NOTICE DATED 31/10/2018 ISSUED BY THE 1ST RESPONDENT UNDER THE KERALA TAX ON LUXURIES ACT FOR TH YEAR 2016-17. EXHIBIT P2 COPY OF NOTICE DATED 20/10/2018 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 17A OF THE KERALA TAX ON LUXURIES ACT FOR THE YEAR 2015-16. EXHIBIT P3 COPY OF INTERIM ORDER DATED 31/07/2018 ISSUED BY THIS HON'BLE COURT IN WP(C) NO.25636 OF 2018.

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.