Kabani Farms And Foods vs. The Commissioner Of Commercial Taxes

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WP(C)/33082/2018HC KeralaGSTCNR KLHC01075864201818 January 2019Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU47 pages

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NO.IBK/IA/FIR 135/2017-18/CR-29/2018- 19(2014-15) DATED 22.09.2018 ISSUED BY THE 1ST RESPONDENT.

-28- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 29678/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 30.05.2018. EXHIBIT P2OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 30.05.2018. EXHIBIT P3OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 30.05.2018. EXHIBIT P4OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 30.05.2018. EXHIBIT P5OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 30.05.2018. EXHIBIT P6OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2016-17 DATED 30.05.2018. EXHIBIT P7OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 30.05.2018. EXHIBIT P8OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY RESPONDENT FOR THE YEAR 2012-13 DATED 30.05.2018. EXHIBIT P9OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY RESPONDENT FOR THE YEAR 2013-14 DATED 30.05.2018. -29- WP(C).No. 32682 of 2018 & CON. CASES EXHIBIT P10OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY RESPONDENT FOR THE YEAR 2014-15 DATED 30.05.2018. EXHIBIT P11OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY RESPONDENT FOR THE YEAR 2015-16 DATED 30.05.2018. EXHIBIT P12OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY RESPONDENT FOR THE YEAR 2016-17 DATED 30.05.2018. -30- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 33082/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE C0PY OF THE PENALTY NOTICE DATED 18- 12-2017 ISSUED U/S.67(1)OF THE KVAT ACT,2003 BY THE 2ND RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P2OF THE ORDER DATED 04.04.2018 OF THE HON'BLE HIGH COURT IN W.P.(C)NO.11335 OF 2018. -31- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 33682/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 02.08.2018. EXHIBIT P1 A COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 02.08.2018. EXHIBIT P1 B COPY OF ASSESSMENT ORDER ISSUED B Y THE 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 02.08.2018. EXHIBIT P1 C COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17 DATED 02.08.2018. -32- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 33684/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF PENALTY ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17

-33- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 34476/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF THE ANNUAL RETURN FILED FOR THE YEAR 2015-16. EXHIBIT P2 COPY OF ORDER DATED 15.09.2018 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 WP(C)NO.13552 OF 2018. -34- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 34672/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ANNUAL RETURN DATED 28.06.2015 SUBMITTED BY PETITIONER FOR 2014-15, BEFORE 1ST RESPONDENT EXHIBIT P2OF PENALTY ORDER DATED 02.12.2016 COMPLETED U/S.47 (6) OF KVAT ACT IMPOSED BY INTELLIGENCE OFFICER, SQUAD NO.1, THRISSUR EXHIBIT P3OF NOTICE DATED 28.05.2018 ISSUED BY 1ST U/S.25 (1) OF KVAT ACT FOR 2014-15 EXHIBIT P4OF DATED 27.06.2018 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT AGAINST EXT.P3 NOTICE EXHIBIT P5OF ORDER DATED 29.09.2018 COMPLETED U/S.25(1) OF THE KAVT ACT BY 1ST RESPONDENT FOR THE YEAR 2014-15, WITHOUT PROPER JURI ICTION EXHIBIT P6OF EXTRAORDINARY GAZETTE OF INDIA DATED 08.09.2016 PUBLISHED BY 5TH RESPONDENT FOR 101ST AMENDMENT ACT 2016 MADE IN CONSTITUTION OF INDIA EXHIBIT P7OF THE 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 COMPLETION OF PROCEEDINGS UNDER KVAT ACT

-35- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 34673/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17. -36- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 34877/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ANNUAL RETURN DATED 14/06/2017 SUBMITTED FOR THE YEAR 2016-17 BEFORE 1ST RESPONDENT, WITH PROOF OF PAYMENT OF OUTPUT TAX. EXHIBIT P2OF ORDER DATED 31/07/2018, COMPLETED U/S.25(1) OF THE KVAT ACT 2003 FOR THE YEAR 2016-17, COMMUNICATED TO THE PETITIONER ON 19/10/2018, BY 1ST RESPONDENT, WITHOUT PROPER TERRITORIAL JURI ICTION. EXHIBIT P3OF EXTRAORDINARY GAZETTE OF INDIA DATED 08/09/2016 PUBLISHED BY 5TH RESPONDENT FOR 101ST AMENDMENT ACT 2016 MADE IN CONSTITUTION OF INDIA. EXHIBIT P4OF 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 COMPLETION OF PROCEEDINGS UNDER KVAT ACT.

-37- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 35273/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE-ASSESSMENT NOTICE ISSUED BY 1ST RESPONDENT FOR THE YEAR 2016- 17 DATED 25.9.2018

-38- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 35274/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE UNDER SECTION 25 (1) OF THE KVAT ACT ISSUED BY 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 24.09.2018 EXHIBIT P2OF THE NOTICE UNDER SECTION 67 (1) AND 71 (2) (D) OF THE KVAT ACT ISSUED BY 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 24.09.2018

-39- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 35885/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE NOTICE DATED 08/10/2018 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

-40- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 36082/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN IN FORM NO.10B FOR THE YEAR 2016-17. EXHIBIT P2 COPY OF NOTICE DATED 12.6.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P3 COPY OF NOTICE DATED 24.10.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P4 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552 OF 2018. -41- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 37484/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ORDER NO. IB (D) 94/2017 DATED 29.8.2018 FOR THE ASST. YEAR 2012-13 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICE EXHIBIT P1 AOF ORDER NO. IB (D) 94/2017 DATED 29.8.2018 FOR THE ASST. YEAR 2013-14 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICE EXHIBIT P1 BOF ORDER NO. IB (D) 94/2017 DATED 29.8.2018 FOR THE ASST. YEAR 2014-15 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICE EXHIBIT P1 COF ORDER NO. IB (D) 94/2017 DATED 29.8.2018 FOR THE ASST. YEAR 2015-16 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICE EXHIBIT P1 DOF ORDER NO. IB (D) 94/2017 DATED 29.8.2018 FOR THE ASST. YEAR 2016-17 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICE EXHIBIT P1 EOF ORDER NO. IB (D) 94/2017 DATED 29.8.2018 FOR THE ASST. YEAR 2017-18 PASSED BY THE 1ST RESPONDENT ALONG WITH DEMAND NOTICE EXHIBIT P2OF THE INTERIM ORDER DATED 4.4.2018 IN WPC NO. 11335/2018 OF THIS HONBLE COURT IN THE CASE OF M/S. SHEEN GOLDEN JEWELS (INDIA) PVT. LTD

-42- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 38684/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT FOR THE YEAR 2016-2017 DATED 30.06.2018. -43- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 39283/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF RECONSTITUTED PARTNERSHIP DEED DATED 1.11.2016 EXHIBIT P2 COPY OF CERTIFICATE DATED 27.11.2018 ISSUED BY THE CATHOLIC CYRIAN BANK,EDAPPAL. EXHIBIT P3 COPY OF ASSESSMENT ORDER DATED 30.1.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2016-17 EXHIBIT P4 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC NO 13552 OF 2018 EXHIBIT P5 COPY OF DEMAND NOTICE DATED 7.11.2018 ISSUED BY THE 3RD RESPONDENT UNDER THE RR ACT.

-44- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 39684/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN FOR THE YEAR 2012-13. EXHIBIT P1 A COPY OF ANNUAL RETURN FOR THE YEAR 2013-14. EXHIBIT P1 B COPY OF ANNUAL RETURN FOR THE YEAR 2014-15. EXHIBIT P2 COPY OF ASSESSMENT ORDER DATED 5.11.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2012-13. EXHIBIT P2 A COPY OF ORDER DATED 5.11.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2013-14. EXHIBIT P2 B COPY OF ORDER DATED 5.11.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 67(1) FOR THE YEAR 2014-15. EXHIBIT P3 COPY OF ORDER DATED 12.11.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 66 FOR THE YEAR 2012-13. EXHIBIT P3 A COPY OF ORDER DATED 12.11.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 66 FOR THE YEAR 2013-14. EXHIBIT P3 B COPY OF ORDER DATED 12.11.2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 66 FOR THE YEAR 2014-15. EXHIBIT P4 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC.NO.13552 OF 2018. -45- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 39883/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 24-11-2018 EXHIBIT P2OF THE DEMAND NOTICE IN FORM NO. 12 ISSUED BY THE 1ST RESPONDENT DATED 24- 11-2018

-46- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 40082/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT FOR THE YEAR 2011-2012 DATED 26-04-2018 EXHIBIT P2OF THE DEMAND NOTICE ISSUED UNDER R.R ACT, DATED 17-11-2018

-47- WP(C).No. 32682 of 2018 & CON. CASES APPENDIX OF WP(C) 40084/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF NOTICE NO.IBC 36/2017-18 DATED 16/11/2018 ISSUED BY THE FIRST RESPONDENT.

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.