The Koduvayur Service Co-Operative Bank LTD. vs. The State Tax Officer (Wc)

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WP(C)/31085/2018HC KeralaGSTCNR KLHC01070615201818 January 2019Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU61 pages

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NO.32122205177/2011-12 DT.1/8/2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 THEOF THE DEMAND NOTICE DT.1/8/2018

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EXHIBIT P2OF THE OBJECTIONS DATED 11.01.2018 FILED BY THE PETITIONER IN REPLY TO EXT.P1. EXHIBIT P3 REVISED PENALTY NOTICE DATED 14.02.2018 UNDER SECTION 67 OF THE ERSTWHILE KVAT ACT, 2003 FOR THE YEAR 2016-17. EXHIBIT P4OF THE PENALTY ORDER DATED 28.02.2018 UNDER SECTION 67 OF THE ERSTWHILE ACT, 2013 FOR 2016-17. EXHIBIT P5OF THE SHOW-CAUSE NOTICE FOR ASSESSMENT DATED 12.04.2018 UNDER SECTION 25(1) OF THE ERSTWHILE KVAT ACT, 2003 FOR THE YEAR 2016-17. EXHIBIT P6OF THE REPLY OF THE PETITIONER DATED 28.05.2018 TO EXT.P5 SHOW CAUSE NOTICE FOR 2016-17. EXHIBIT P7OF THE ASSESSMENT ORDER DATED 31.05.2018 UNDER SECTION 25(1) OF THE ERSTWHILE KVAT ACT, 2003 FOR THE YEAR 2016- 17. -44- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 26883/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 05.07.2018. EXHIBIT P2OF THE DEMAND NOTICE IN FORM NO. 12 ISSUED BY 1ST RESPONDENT DATED 05.07.2018. -45- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 26884/2018 PETITIONER'S/S EXHIBITS: EXT P1OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2016-17 DATED 13.07.2018 EXT P2OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY 1ST RESPONDENT DATED 13.07.2018. -46- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 26885/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 28.06.2018. EXHIBIT P2OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY 1ST RESPONDENT DATED 28.06.2018. -47- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 29083/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE REGISTRATION CERTIFICATE. EXHIBIT P2OF THE NOTICE FOR THE YEAR 2014- 15 DATED 3.7.2018. EXHIBIT P3OF INTERIM STAY ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.15148 OF 2018 DT.4.5.2018. -48- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 29285/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE REGISTRATION CERTIFICATE IN TIN 32151317714 DATED 17-09-2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P2OF THE ORDER IN FORM IE DATED 4/6/2013 ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2013-14. EXHIBIT P2 AOF THE ORDER IN FORM IE DATED 30/6/2014 ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2014-15 EXHIBIT P2 BOF THE APPLICATION IN FORM IB DATED 20/5/2015 ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2015-16 EXHIBIT P2 COF THE ORDER IN FORM IE DATED 27/10/2016 ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P3OF THE NOTICE NO.32151317714/2013-14 DATED 31/7/2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 AOF THE NOTICE NO.32151317714/2014-15 DATED 8/8/2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 BOF THE NOTICE NO.32151317714/2015-16 DATED 8/8/2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 COF THE NOTICE NO.32151317714/2016-17 DATED 8/8/2018 ISSUED BY THE 2ND RESPONDENT

-49- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 29483/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ANNUAL RETURN DATED 17/06/2017 IN FORM NO.10 SUBMITTED BY PETITIONER FOR 2016-17, BEFORE 1ST RESPONDENT, WITH PROOF OF PAYMENT OF OUTPUT TAX. EXHIBIT P2OF NOTICE DATED 26/07/2018 ISSUED TO PETITIONER BY 1ST RESPONDENT U/S.25(1) OF KVAT ACT 2003 PROPOSING BEST JUDGMENT ASSESSMENT FOR 2016-17. EXHIBIT P2 AOF NOTICE DATED 04/06/2018 ISSUED TO PETITIONER BY 1ST RESPONDENT U/R.6%5) OF CST RULES, SUBSEQUENT TO SUBMITTING EXT P3 REPLY ALONG WITH C FORMS FOR 2016-17. EXHIBIT P3OF ORDER DATED 10/08/2018 ISSUED BY 1ST RESPONDENT U/S.25(1) OF THE KVAT ACT FOR 2016-17. EXHIBIT P3 AOF ORDER DATED 10/08/2018 ISSUED 1ST RESPONDENT U/R.6(5) OF THE CST RULES FOR 2016-17. EXHIBIT P4OF EXTRAORDINARY GAZETTEE OF INDIA DATED 08/09/2016 PUBLISHED BY 5TH RESPONDENT FOR 101ST AMENDMENT ACT 2016 MADE IN CONSTITUTION OF INDIA. EXHIBIT P5OF INTERIM ORDER DATED 04/04/2018 PASSED BY THIS HON'BLE COURT I 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.

-50- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 30283/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE ASSESSMENT ORDER FOR THE YEAR 2014-2015 DATED 27-12-2017 AND DEMAND NOTICE THEREON ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER EXHIBIT P2 THEOF THE RECOVERY NOTICE DATED 27-2-2018 UNDER SECTION 7 ISSUED BY THE FIFTH RESPONDENT TO THE PETITIONER AND THE REVENUE RECOVERY NOTICE IN FORM 10 DATED 10-08-2-18 ISSUED BY THE SIXTH RESPONDENT OT THE PETITIONER

-51- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 31083/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO.,32010777055/2016-17 DATED 25.5.2018 ISSUED BY THE IST RESPONDENT. EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC NO.11335/2018 DATED 4.4.2018. -52- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 31085/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF NOTICE ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16 DATED 3.8.2018. EXHIBIT P1 A COPY OF NOTICE ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-17 DATED 3.8.2018. -53- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 31285/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN IN FORM 10 FOR THE YEAR 2013-14 EXHIBIT P2 COPY OF ASSESSMENT ORDER DATED 29.8.2018 ISSUED BY THE 1STNRESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2013-14 EXHIBIT P3 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC.13552 OF 2018

-54- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 32082/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 06.08.2018 EXHIBIT P2OF THE DEMAND NOTICE IN FORM NO. 12 ISSUED BY 1ST RESPONDENT DATED 11.09.2018. -55- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 32084/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER WITH DEMAND NOTICE FOR THE ASSESSMENT YEAR 2012- 2013 EXHIBIT P2OF THE ASSESSMENT ORDER WITH DEAMAND NOTICE FOR THE ASSESSMENT YEAR 2013-2014 EXHIBIT P3OF THE ASSESSMENT ORDER WITH DEMAND NOTICE FOR THE ASSESSMENT YEAR 2014- 2015

-56- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 32484/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE ASSESSMENT ORDER NO.32010844105/2011-12 DATED 22.3.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2011-12. EXHIBIT P2 AOF THE ASSESSMENT ORDER NO.32010844105/2012-13 DATED 20.3.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2012-13. EXHIBIT P3 AOF THE ASSESSMENT ORDER NO.32010844105/2013-14 DATED 20.3.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE ASSESSMENT YEAR 2013-14. EXHIBIT P4 AOF THE REVENUE RECOVERY NOTICE DATED 15.9.2018 ISSUED BY THE FIFTH RESPONDENT OT THE PETITIONER. EXHIBIT P5 AOF THE ORDER DATED 4.8.2018 PASSED IN THE RECTIFICATION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT FOR THE ASSESSMENT YEAR 2011-12. EXHIBIT P6 AOF THE ORDER DATED 4.8.2018 PASSED IN THE RECTIFICATION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT FOR THE ASSESSMENT YEAR 2012-13. EXHIBIT P7 AOF THE ORDER DATED 4.8.2018 PASSED IN THE RECTIFICATION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT FOR THE ASSESSMENT YEAR 2013-14. -57- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 38703/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE SAID NOTICE DATED 24/10/2018 ISSUED BY THE THRID RESPONDENT TO THE PETITIONER FOR 2013-14 EXHIBIT P1 AOF THE SAID NOTICE DATED 24/10/2018 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER FOR 2014-15 EXHIBIT P2OF THE INTERIM ORDER DATED 4.4.2018, PASSED BY THIS HONBLE COURT IN WPC NO. 11335/2018 EXHIBIT P2 AOF THE INTERIM ORDER DATED 3.10.2018, PASSED BY THIS HONBLE COURT IN WPC NO. 32076/2018

-58- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 38903/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF NOTICE DATED 29/10/2018 ISSUED BY 4TH RESPONDENT FOR THE YEAR 2015-16 EXHIBIT P2OF NOTICE 29.10.2018 ISSUED BY 4TH RESPONDENT FOR THE YEAR 2016-17 EXHIBIT P3OF ORDER DATED 27/4/2018 IN WP(C) NO. 14625/2018

-59- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 39105/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE ASSESSMENT ORDER FOR THE YEAR 2011-2012 DATED 30-08-2018, ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P2 THEOF THE INTERIM STAY ORDER IN WPC.NO.13930 OF 2018 DATED 13TH APRIAL 2018. -60- WP(C).No. 32482 of 2018 & CONN.CASES APPENDIX OF WP(C) 39302/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE PHOTOCOPY OF ORDER NO.32091172378/2011- 12 DATED 19.7.2018 OF THE FOURTH RESPONDENT. EXHIBIT P2 THE PHOTOCOPY OF ORDER NO.32091172378/2012- 13 DATED 20.7.2018 ISSUED BY THE FOURTH RESPONDENT. EXHIBIT P3 THE PHOTOCOPY OF ORDER NO.32091172378/2016- 17 DATED 28.9.2018 OF THE FOURTH RESPONDENT.

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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.