Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 19521 of 2018
PETITIONER/S:
C.V.WILSON
AGED 50 YEARS
PROPRIETOR, M/S.CEE VEES AGENCIES, ELANAD,
WADAKKANCHERY.
BY ADVS.
SMT.S.K.DEVI
SRI.SANTHOSH P.ABRAHAM
RESPONDENT/S:
1
THE STATE TAX OFFICER
WADAKKANCHERY-680582.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,
THIRUVANANTHAPURAM-695001.
3
STATE OF KERALA
REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
4
UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, ROOM NO.46, NORTH BLOCK, NEW
DELHI-110001.
OTHER PRESENT:
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES., ADDL. SOLICITOR
GENERAL SRI.K.M. NATRAJ., CGC., JAISHANKAR V. NAIR.,
W.P.(C) No.19521 & Conn. Cases
-2-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018,
WP(C).15728/2018, WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018,
WP(C).16321/2018, WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018,
WP(C).17323/2018, WP(C).17324/2018, WP(C).17325/2018, WP(C).17326/2018,
WP(C).17528/2018, WP(C).17529/2018, WP(C).17728/2018, WP(C).17929/2018,
WP(C).18525/2018, WP(C).27734/2018, WP(C).29131/2018, WP(C).29342/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 13930 of 2018
PETITIONER/S:
TRESA THOMAS
M/S KOHINOOR GRANITES, MANNUR, PALAKKAD,NOW
RESIDING AT ELUVATHINGAL HOUSE, MURINGOOR PO,
THIRSSUR-680316.
BY ADVS.
SRI.N.MURALEEDHARAN NAIR
SMT.K.HYMAVATHY
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GOODS SERVICE TAX DEPARTMENT,KERALA, FIRST
CIRCLE, PALAKKAD-678001.
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPALAM, KARAMANA PO,
THIRUVANANTHAPURAM-695002.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.(C) No.19521 & Conn. Cases
-4-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110001.
5
THE DEPUTY TAHSILDAR
TALUK OFFICE, CHALAKKUDY, THRISSUR-680316.
BY ADVS.
SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS, ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018, WP(C).15729/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 14128 of 2018
PETITIONER/S:
JOSE MATHEW
AGED 59 YEARS
PROP: ROYAL MARBLES & GRANITES, MUTTUCHIRA,
KADUTHURUTHY, KOTTAYAM DISTRICT, PIN-686613.
BY ADV. SRI.R.MURALIDHARAN (AROOR)
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER
KVAT SPECIAL CIRCLE, DEPARTMENT OF COMMERCIAL TAXES,
CIVIL STATION, KOTTAYAM, PIN-686001.
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPALAM, KARAMANA
P.O.,THIRUVANANTHAPURAM-695002.
3
STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695002.
W.P.(C) No.19521 & Conn. Cases
-6-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI-110001.
5
THE INSPECTING ASSISTANT COMMISSIONER
DEPARTMENT OF COMMERCIAL TAXES, PALAI, PIN-680575.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES., SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).15726/2018, WP(C).15728/2018, WP(C).15729/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15726 of 2018
PETITIONER/S:
M/S.PRESTIGE MARKETING DIVISION
IX/28A, KEEZHMADU, ERUMATHALA P.O, ALUVA REPRESENTED
BY A.K.ABDUL AZIZ, MANAGING PARTNER.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
ASSISTANT COMMISSIONER OF STATE TAX II
SGST DEPARTMENT, SPECIAL CIRCLE, MATTANCHERRY AT
ALUVA.
2
THE COMMISSIONER
STATE GOODS & SERVICE TAX DEPARTMENT, TAX TOWER,
KARAMANA P.O, THIRUVANANTHAPURAM 695 001.
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI 110 001.
W.P.(C) No.19521 & Conn. Cases
-8-
BY ADVS.ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15728/2018, WP(C).15729/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15728 of 2018
PETITIONER/S:
M/S. AL-MANAMA WEDDING CENTRE
MAIN ROAD, KOLLAM,REPRESENTED BY A.K.ABDUL
AZIZ,MANAGING PARTNER
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
STATE TAX OFFICER
SGST DEPARTMENT, OFFICE OF THE ASSISTANT
COMMISSIONER,SPECIAL CIRCLE, KOLLAM-02
2
THE COMMISSIONER
STATE GOODS & SERVICES TAX DEPARTMENT,TAX TOWER,
KARAMANA P.O.THIRUVANANTHAPURAM- 695 001
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695 001
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI- 110 001
W.P.(C) No.19521 & Conn. Cases
-10-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15729/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15729 of 2018
PETITIONER/S:
M/S. RAPHEAL & COMPANY
XII/338, PERUMBILLISSERY WEST, CHERPU P.O., THRISSUR
REPRESENTED BY V.P.RAPHAEL, MNAGINGPARTNER.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
ASSISTANT COMMISSIONER (ASMT.)-IV
SPECIAL CIRCLE, COMMERCIAL TAXES, COMMERCIAL TAX
COMPLEX, POOTHOLE,THRISSUR-680 004.
2
THE COMMISSIONER
STATE GOODS & SERVICE TAX DEPARTMENT,TAX TOWER,
KARAMANA P.O., THIRUVANANTHAPURAM695001.
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
W.P.(C) No.19521 & Conn. Cases
-12-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110 001.
BY ADVS.ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF
EXCISE & CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-13-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15924 of 2018
PETITIONER/S:
M/S. MEATEK FOOD MACHINERIES INDIA (P) LTD.
KKLM/42 & KKLM/43, KOOTHATTUKULAM, 8, EDAYAR,
ERNAKULAM DISTRICT, REPRESENTED BY ITS PROJECT
MANAGER, IRFAN AHMAD.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE COMMERCIAL TAX OFFICER (WC & LT)
OFFICE OF THE DY. COMMISSIONER, COMMERCIAL
TAXES,MATTANCHERRY - 682 002.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM - 695 001.
W.P.(C) No.19521 & Conn. Cases
-14-
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI - 110 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-15-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15925 of 2018
PETITIONER/S:
S. AJITHKUMAR
AGED 44 YEARS
M/S DAIWIK MOTORS, PULAMON P.O, KOTTARAKKARA,
KOLLAM DISTRICT.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER
SQUAD NO II, COMMERCIAL TAXES, KOLLAM AT
KOTTARAKKARA 691 506.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,
THIRUVANANTHAPURAM 695 001.
W.P.(C) No.19521 & Conn. Cases
-16-
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIATE, THIRUVANANTHAPURAM 695 001.
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI 110 9001.
BY ADVS.ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF
EXCISE & CUSTOMS
SRI.THOMAS MATHEW NELLIMOOTTIL SC CENTRAL BOARD OF
EXCISE AMP CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-17-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 16321 of 2018
PETITIONER/S:
M U ASHIK
PROPRIETOR, M/S. ROYAL TRADERS, M.H. KAVALA,
PONJASSERY P.O, PERUMBAVOOR.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
STATE TAX OFFICER
IST CIRCLE, SGST DEPARTMENT, MINI CIVIL STATION,
PERUMBAVOOR, 683 542.
2
THE COMMISSIONER
STATE GOODS & SERVICE TAX DEPARTMENT, TAX TOWER,
KARAMANA P.O, THIRUVANANTHAPURAM 695 001.
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 659 001.
W.P.(C) No.19521 & Conn. Cases
-18-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI 110 001.
BY ADVS.ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
SRI.R.HARISHANKAR, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS
SRI.R.HARISHANKAR SC CENTRAL BOARD OF EXCISE AMP
CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-19-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 16722 of 2018
PETITIONER/S:
M/S. CLASSIC HYUNDAI
THAZHE MUTTIL, KALPETTA WAYANAD-673 121,REPRESENTED
BY IT'S MANAGING PARTNER MR.ABDULLA.
BY ADVS.
SMT.K.LATHA
SMT.M.K.HAJARA
SRI.C.RAMACHANDRAN
RESPONDENT/S:
1
STATE TAX OFFICER
STATE GOODS AND SERVICE TAXES DEPARTMENT,OFFICE OF
THE ASSISTANT COMMISSIONER OF STATE TAX(INT),WAYANAD
AT KALPATTA-673 121.
2
THE COMMISSIONER OFS TATE TAXES
TAX TOWER, KILLIPALAM, KARAMANA
P.O.,THIRUVANANTHAPURAM-695 002.
3
SECRETARY TAXES DEPARTMENT
GOVERNMENT OF KERALA,
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
W.P.(C) No.19521 & Conn. Cases
-20-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110 001.
5
DEPUTY TAHASILDHAR
REVENE RECOVERY, COLLECTORATE OFFICE,KOZHIKODE-673
001.
BY ADVS.ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF
EXCISE & CUSTOMS
SRI.THOMAS MATHEW NELLIMOOTTIL SC CENTRAL BOARD OF
EXCISE AMP CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-21-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 16723 of 2018
PETITIONER/S:
PEREPPADANS GOLD PARK
LAYATHIL BUILDINGS, NEAR KRISHNA
TEMPLE,NEYYATTINKARA, THIRUVANANTHAPURAM, PIN: 695
121REPRESENTED BY ITS MANAGING PARTNER, JINTO
P.GEORGE.
BY ADVS.
SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.K.S.HARIHARAN NAIR
SRI.M.RAJAGOPAL
RESPONDENT/S:
1
ASSISTANT COMMISSIONER-(ASSESSMENT)
SGST DEPARTMENT, SPECIAL CIRCLE,TAX TOWERS,
THIRUVANANTHAPURAM - PIN: 695 002.
2
THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT,TAXES DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
W.P.(C) No.19521 & Conn. Cases
-22-
3
UNION OF INDIA
REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE,ROOM NO.46, NORTH BLOCK,NEW DELHI
110 001.
4
THE ASSISTANT COMMISSIONER SGST DEPARTMENT
NEYYATTINKARA, THIRUVANANTHPURAM DISTRICT,PIN: 695
121.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC., JAISHANKAR V. NAIR.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-23-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 16930 of 2018
PETITIONER/S:
M/S. MARHABA TRADERS
VENDUVAZHY, KARUKADAM.P.O.,REPRESENTED BY ITS
PROPRIETORIX,SOUDHABEEVI SHOUKKATHALI.
BY ADVS.
SMT.S.K.DEVI
SRI.M.RAJ MOHAN
RESPONDENT/S:
1
THE INTELLIGENCE OFFICER
SQUAD NO.I, COMMERCIAL TAXES,MATTANCHERY AT
ALUVA.683 101.
2
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM.695 001.
3
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI.110 001.
W.P.(C) No.19521 & Conn. Cases
-24-
4
THE COMMERCIAL TAX OFFICER
DEPT. OF COMMERCIAL TAXES,KOTHAMANGALAM.686 691.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-25-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17323 of 2018
PETITIONER/S:
TATUES VALINGAL JOSEPH
AGED 50 YEARS
PROPRIETOR, BRIGHT AGENCIES, LEELA ESTATE, GROUND
FLOOR,PROVIDENT FUND ROAD, KALOOR, KOCHI-682017.
BY ADVS.
SRI.R.RAMAKRISHNAN POTTY
SRI.R.MURALIDHARAN (AROOR)
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER
SPECIAL CIRCLE-III, DEPARTMENT OF STATE GOODS AND
SERVICE TAX, STATE TAX COMPLEX, ERNAKULAM, PIN-682015.
2
THE COMMISSIONER OF INCOME TAXES
TAX TOWER, KILLIPALAM, KARAMANA PO,
THIRUVANANTHAPURAM-695002.
3
STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,TAXES
DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-PIN-695002.
W.P.(C) No.19521 & Conn. Cases
-26-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110001.
5
THE INSPECTING ASSISTANT COMMISSIONER
DEPARTMENT OF STATE GOODS AND SERVICE TAX,ERNAKULAM
AT CIVIL STATION, KAKKANAD, PIN-682030.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-27-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17324 of 2018
PETITIONER/S:
VASUDEVAN M.R
PROPRIETOR, LAKSHMI POULTRY FARM AND HATCHERIES, TP-
8/267, 268, CHETAHALLUR (PO), MANNARKKAD, PALAKKAD.
BY ADVS.
SRI.N.MURALEEDHARAN NAIR
SRI.S.JAFFERALI
RESPONDENT/S:
1
THE STATE TAX OFFICER, STATE GOODS SERVICE TAX
DEPARTMENT
MANNARKKAD, PALAKKAD-678582.
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPALAM, KARAMANA P.O.,
THIRUVANANTHAPURAM-695002.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.(C) No.19521 & Conn. Cases
-28-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI-110001.
5
THE INSPECTING ASSISTANT COMMISSIONER
DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-678001.
BY ADVS.ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
SMT.SHEELA DEVI.I., SC, CENTRAL BOARD OF EXCISE AND
CUSTOMS
SMT.SHEELA DEVI.I. SC CENTRAL BOARD OF EXCISE AND
CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-29-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17325 of 2018
PETITIONER/S:
M/S.BANNARI AMMAN STEELS (P) LTD.
NATTUKKAL,CHITTUR,PALAKKAD,REPRESENTED BY ITS
DIRECTOR,SRI.R.ELANGOVAN.
BY ADVS.
SRI.N.MURALEEDHARAN NAIR
SRI.S.JAFFERALI
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER OF STATE TAX
STATE GOODS SERVICE TAX DEPARTMENT,KERALA,SPECIAL
CIRCLE,PALAKKAD-678001.
2
THE COMMISSIONER OF STATE TAXES
TAX
TOWER,KILLIPALAM,KARAMANA.P.O,THIRUVANANTHAPURAM-
695002.
3
SECRETARY
TAXES DEPARTMENT,GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695001.
W.P.(C) No.19521 & Conn. Cases
-30-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE,MINISTRY OF
FINANCE,GOVERNMENT OF INDIA,NEW DELHI-110001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17324/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-31-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17326 of 2018
PETITIONER/S:
M/S.TECHNOLOGY EXCELLENCE GROUP
DIVYA HOUSE, 39/5366, PANAMPILLAY NAGAR, KOCHI-39,
REPRESENTED BY ITS PROPRIETOR & AUTHORIZEDSIGNATORY
JAYANTH M, S/O MUTHAIAH SAMUEL,U/205, SHRINANGNAGAR,
PART 2, VEJALPUR ROAD,VEJALPUR, AHAMDABAD CITY,
GUJARAT-380051.
BY ADV. SRI.JACOB CHACKO
RESPONDENT/S:
1
STATE TAX OFFICER
2ND CIRCLE, COMMERCIAL TAX OFFICE,KVAT, THRIPUNITHURA.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM-685001.
3
SECRETARY
TAX DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-685001.
W.P.(C) No.19521 & Conn. Cases
-32-
4
CENTRAL BOARD OF EXCISE AND CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110001.
5
INSPECTING ASSISTANT COMMISSIONER
COMMERCIAL TAX OFFICE, ERNAKULAM, KAKKANAD-682036.
BY ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17324/2018, WP(C).17325/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-33-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17528 of 2018
PETITIONER/S:
MARSHEL THOMAS
PROPRIETOR, M/S. A R PLASTICS, MYLACOMBU
P.O.,THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
STATE TAX OFFICER
1ST CIRCLE, SGST DEPARTMENT, THODUPUZHA, IDUKKI
DISTRICT-685584
2
THE COMMISSIONER
STATE GOODS & SERVICE TAX DEPARTMENT,TAX TOWER,
KARAMANA P.O,THIRUVANANTHAPURAM-695001
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALASECRETARIAT,
THIRUVANANTHAPURAM-695001
W.P.(C) No.19521 & Conn. Cases
-34-
4
CENTRAL BOARD OF EXCISE & CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110001
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17324/2018, WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-35-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17529 of 2018
PETITIONER/S:
ASOK AYYAPPAN
PROPRIETOR, M/S B.S.ENGINEERING, BLASUBRAHMANIAN
LANE, PATTOM, THIRUVANANTHAPURAM-695004
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
STATE TAX OFFICER
(WORKS CONTRACT), STATE GOODS & SERVICE TAX
DEPARTMENT, TAX TOWER, KARAMANA
P.O.,THIRUVANANTHAPURAM - 695001
2
THE COMMISSIONER
STATE GOODS & SERVICE TAX DEPARTMENT,TAX TOWER,
KARAMANA P.O.,THIRUVANANTHAPURAM-695001
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695001
W.P.(C) No.19521 & Conn. Cases
-36-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110001
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17324/2018, WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018,
WP(C).17528/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-37-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17728 of 2018
PETITIONER/S:
MARIAMMA ALEX
AGED 42 YEARS
PROPRIETRESS, PAMPA BAKERY,PARAMBATH TEMPLE
JUNCTION,MUTTAR P O, PIN-689571,ALAPPUZHA DISTRICT.
BY ADVS.
SRI.K.N.SREEKUMARAN
SMT.V.P.SEENA DEVI
SRI.P.J.ANILKUMAR (A-1768)
RESPONDENT/S:
1
COMMERCIAL TAX OFFICER
COMMERCIAL TAXES,HARIPPAD-690514,
2
COMMISSIONER OF STATE TAXES
TAX TOWER, KARAMANA,THIRUVANANTHAPURAM-695002.
3
STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO TAXES,SECRETARIAT,
THIRUVANANTHAPURAM-695002.
W.P.(C) No.19521 & Conn. Cases
-38-
4
CENTRAL BOARD OF INDIRECT TAXES CUSTOMS
REPRESENTED BY ITS CHAIRMAN,DEPARTMENT OF REVENUE ,
NORTH BLOCK,NEW DELHI-110001.
5
UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY,MINISTRY OF
FINANCE,DEPARTMENT OF REVENUE , NORTH BLOCK, NEW
DELHI-110001.
6
INSPECTING ASSISTANT COMMISSIONER
COMMERCIAL TAXES,CHENGANNUR-689121.
BY ADVS. ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC.,
JAISHANKAR V. NAIR.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
SRI.DINESH R.SHENOY, CGC
SRI.DINESH R.SHENOY CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17324/2018, WP(C).17325/2018, WP(C).17326/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-39-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17929 of 2018
PETITIONER/S:
K.A.MUSTHAQ
PROPRIETOR,M/S. ROYAL DOORS,IV/256C, D,
EZHAMKALLU,ANJOOR.P.O., MUNDOOR
BY ADVS.
SMT.S.K.DEVI
SRI.SANTHOSH P.ABRAHAM
RESPONDENT/S:
1
THE AGRL. INCOME TAX & STATE TAX OFFICER
STATE GOODS AND SERVICE TAX DEPARTMENT,POOTHOLE,
THRISSUR- 680 004
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM- 695 001
3
STATE OF KERALA
REPRESENTED BY ITS SECRETARYFINANCE DEPARTMENT,
SECRETARIATTHIRUVANANTHAPURAM- 695 001
W.P.(C) No.19521 & Conn. Cases
-40-
4
UNION OF INDIA
REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE,ROOM NO.46, NORTH BLOCK,NEW DELHI-
110 001
BY ADVS.ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC.,
JAISHANKAR V. NAIR.,
SRI.GIRISH KUMAR.V., CGC
SRI.GIRISH KUMAR.V. CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17324/2018, WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018,
WP(C).17528/2018, WP(C).17529/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-41-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 18525 of 2018
PETITIONER/S:
JASEEMA HASSAN
PROPRIETRESS, ADAM AGENCIES,NASAH NEST, BOAT JETTY
ROAD,VADUTHALA, KOCHI - 682 023.
BY ADV. SRI.K.N.SREEKUMARAN
RESPONDENT/S:
1
COMMERCIAL TAX OFFICER
KVAT CIRCLE-II, CLAS TOWERS,OLD RAILWAY STATION
ROAD,ERNAKULAM, KOCHI - 682 018.
2
COMMISSIONER OF STATE TAXES
TAX TOWER, KARAMANA, THIRUVANANTHAPURAM - 695 002.
3
STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO TAXES,SECRETARIAT,
THIRUVANANTHAPURAM - 695 002.
4
CENTRAL BOARD OF INDIRECT TAXES CUSTOMS
REPRESENTED BY ITS CHAIRMAN,DEPARTMENT OF REVENUE,
NORTH BLOCK,NEW DELHI - 110 001.
W.P.(C) No.19521 & Conn. Cases
-42-
5
UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY,MINISTRY OF
FINANCE, DEPARTMENT OF REVENUE,NORTH BLOCK, NEW
DELHI - 110 001.
6
INSPECTING ASSISTANT COMMISSIONER
S.G.S.T. DEPARTMENT, KAKKANAD,KOCHI - 682 030.
BY ADVS. ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC.,
JAISHANKAR V. NAIR.,
SRI.SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS,
SMT.A.SREEKALA, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS
SMT.A.SREEKALA SC CENTRAL BOARD OF EXCISE AMP CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).27734/2018,
WP(C).13930/2018, WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018,
WP(C).15729/2018, WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018,
WP(C).16722/2018, WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018,
WP(C).17324/2018, WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018,
WP(C).17528/2018, WP(C).17529/2018, WP(C).17929/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-43-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 27734 of 2018
PETITIONER/S:
SANJAY JACOB
AGED 45 YEARS
PROPRIETOR, M/S. NEELIYARA TRADERS, 1/159, KARAPOTTA,
KANNAMBRA POST, PALAKKAD
BY ADVS.
HARISANKAR V. MENON
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GST DEPARTMENT, ALATHUR - 678 541
678541
2
THE COMMISSIONER,
STATE GOODS AND SERVICES TAX DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
3
SECRETARY,
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
W.P.(C) No.19521 & Conn. Cases
-44-
BY ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).29342/2018, WP(C).13930/2018,
WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018, WP(C).15729/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-45-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 29131 of 2018
PETITIONER/S:
C.A MOUHAMMED RAFEEK
AGED 39 YEARS
PROPRIETOR, M/S.FORMOST ORTHOPAEDICS, KODIKUTHIMALA,
ASOKAPURAM, ALUVA EAST
BY ADV. BOBBY JOHN
RESPONDENT/S:
1
THE COMMISSIONER OF STATE GOODS AND SERVICE TAX
DEPARTMENT
KERALA, TAX TOWER, KILLIPPALAM, KARAMANA,
695002
2
STATE OF KERALA,
REPRESENTED BY ITHE SECRETARY TO GOVERNMENT, TAXES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-950001
3
THE COMMERCIAL TAX OFFICER,
ALUVA, COMMERCIAL TAXES DEPARTMENT, (NOW STATE
GOODS AND SERVICE TAX DEPARTMENT) ALUVA, ERNAKULAM
DISTRICT,PIN-683 101
W.P.(C) No.19521 & Conn. Cases
-46-
4
UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT, FINANCE
DEPARTMENT (REVENUE,) CENTRAL SECRETARIAT, NEW DELHI-
110 001
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC., JAISHANKAR V. NAIR.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29342/2018, WP(C).27734/2018, WP(C).13930/2018,
WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018, WP(C).15729/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-47-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 29342 of 2018
PETITIONER/S:
PRADEEP LAL
AGED 45 YEARS
PROPRIETOR,M/S.LALK ENTERPRISES,DAIRY FARM
ROAD,NEENDAKARA.P.O,KOLLAM.
BY ADVS.
HARISANKAR V. MENON
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER-11
STATE GST DEPT.
2
THE COMMISSIONER
STATE GOODS AND SERVICES TAX
DEPARTMENT,THIRUVANANTHAPURAM-695001.
3
SECRETARY,TAXES DEPARTMENT
GOVERNMENT OF
INDIA,SECRETARIAT,THIRUVANANTHAPURAM-695001.
W.P.(C) No.19521 & Conn. Cases
-48-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E. UNNIKRISHNAN., GP DR.
THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).29131/2018, WP(C).27734/2018, WP(C).13930/2018,
WP(C).14128/2018, WP(C).15726/2018, WP(C).15728/2018, WP(C).15729/2018,
WP(C).15924/2018, WP(C).15925/2018, WP(C).16321/2018, WP(C).16722/2018,
WP(C).16723/2018, WP(C).16930/2018, WP(C).17323/2018, WP(C).17324/2018,
WP(C).17325/2018, WP(C).17326/2018, WP(C).17728/2018, WP(C).17528/2018,
WP(C).17529/2018, WP(C).17929/2018, WP(C).18525/2018, WP(C).19521/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.19521 & Conn. Cases
-49-
J U D G M E N T [ WP(C) 19521/2018 ,WP(C).13930/2018 ,WP(C).14128/2018 ,WP(C).15726/2018 ,WP(C).15728/2018 ,WP(C).15729/2018 ,WP(C).15924/2018 ,WP(C).15925/2018 ,WP(C).16321/2018 ,WP(C).16722/2018 ,WP(C).16723/2018 ,WP(C).16930/2018 ,WP(C).17323/2018 ,WP(C).17324/2018 ,WP(C).17325/2018 ,WP(C).17326/2018 ,WP(C).17528/2018 ,WP(C).17529/2018 ,WP(C).17728/2018 ,WP(C).17929/2018 ,WP(C).18525/2018 ,WP(C).27734/2018 ,WP(C).29131/2018 ,WP(C).29342/2018 ] In this batch of writ petitions the petitioners have laid challenge, amongst others, on the ground that Section 174 of the KSGST Act is ultra vires of the State's legislative power or on the ground that the demand is barred by limitation under Section 25(1) of the KVAT Act. In some cases, both the grounds have been taken.
W.P.(C) No.19521 & Conn. Cases -50- APPENDIX OF WP(C) 19521/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1-OF THE ASSESSMENT ORDER NO.32081366878/2013-14 DATED 20/04/2018. W.P.(C) No.19521 & Conn. Cases -51- APPENDIX OF WP(C) 13930/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF PENALTY ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2009-10 DATED 03.11.2017. EXHIBIT P2OF THE PENALTY ORDER PASSED BY THE 1ST RESPONDENT FOR THE YEAR 2010-11 DATED 03.11.2017. EXHIBIT P3OF INTERIM ORDER IN WP(C) NO.11335/2018 DATED 04.04.2018. EXHIBIT P4OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY 1ST RESPONDENT FOR THE YEAR 2009-10 DATED 03.11.2017. EXHIBIT P5OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY 1ST RESPONDENT FOR THE YEAR 2010-11 DATED 03.11.2017. EXHIBIT P6OF THE DEMAND NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT ISSUED BY THE 5TH RESPONDENT FOR THE YEAR 2009-2010 DATED 07.02.2018. W.P.(C) No.19521 & Conn. Cases -52- APPENDIX OF WP(C) 14128/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT DATED 01.01.2018. EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.11335/2018 DATED 04.04.2018. EXHIBIT P3OF THE COMMUNICATION GIVEN BY THE BANK ABOUT THE PROHIBITORY ORDER ISSUED BY THE 5TH RESPONDENT DATED 23.09.2018. EXHIBIT P4OF THE COVERING LETTER AND DEMAND DRAFT ISSUED BY THE BANK TO THE 5TH RESPONDENT, DATED 29.03.2018. W.P.(C) No.19521 & Conn. Cases -53- APPENDIX OF WP(C) 15726/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1. COPY OF THE PRE ASSESSMENT NOTICE NO.32150259202/2016-17 DATED 20.04.2018 ISSUED BY THE IST RESPONDENT. EXHIBIT P2. COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC 11335/2018 DATED 04.04.2018. W.P.(C) No.19521 & Conn. Cases -54- APPENDIX OF WP(C) 15728/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE ASSESSMENT NOTICE NO.32020686731/2013-14 DATED 11-04-2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO.11335/2018 DATED 04-04- 2018
W.P.(C) No.19521 & Conn. Cases -55- APPENDIX OF WP(C) 15729/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1:FO THE PRE ASSESSMENT NOTICE NO.32080691575/2015-16 DATED 24.4.2018 ISSUED BY THE IST RESPONDENT. EXHIBIT P2:FO THE PRE ASSESSMENT NOTICE NO.32080691575/2016-17 DATED 24.4.2018 ISSUED BY THE IST RESPONDENT. EXHIBIT P3:OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC NO.11335/2018 DATD 4.4.2018. W.P.(C) No.19521 & Conn. Cases -56- APPENDIX OF WP(C) 15924/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF PRE-ASSESSMENT NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15. EXHIBIT P1(A) COPY OF PRE-ASSESSMENT NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P2 COPY OF ORDER IN W.P(C) NO.11335/18 OF THIS HON'BLE COURT.
W.P.(C) No.19521 & Conn. Cases -57- APPENDIX OF WP(C) 15925/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 30-03-2018. EXHIBIT P1(A) COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 30-03-2018. EXHIBIT P1(B) COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 DATED 30-03-2018 EXHIBIT P2 COPY OF THE ORDER IN WP(C) NO 11335/2018 OF THIS HON'BLE COURT.
W.P.(C) No.19521 & Conn. Cases -58- APPENDIX OF WP(C) 16321/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1. COPY OF THE ASSESSMENT ORDER NO.32151299332/2014-15 DATED 13.04.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2014-2015. EXHIBIT P1[A]. COPY OF THE ASSESSMENT ORDER NO.32151299332/2015-16 DATED 13.04.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P1[B]. COPY OF THE ASSESSMENT ORDER NO. 32151299332/2016-2017 DATE 16.4.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-2017. EXHIBIT P2. COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC 11335/2018 DATED 04.04.2018. W.P.(C) No.19521 & Conn. Cases -59- APPENDIX OF WP(C) 16722/2018 PETITIONER'S/S EXHIBITS: EXT.P1: THEOF PENALTY NOTICE UNDER KVAT ACT FOR THE YEAR 2016-2017 DATED 21.04.2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P2: THEOF THE INTERIM STAY ORDER IN WPC NO.13930 OF 2018 DATED 13TH APRIL 2018. W.P.(C) No.19521 & Conn. Cases -60- APPENDIX OF WP(C) 16723/2018 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 P2 COPY OF ORDER DATED 31/1/2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2013-14 EXHIBIT P2(A) COPY OF ORDER DATED 31/1/2018 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2015-16 EXHIBIT P3 COPY OF DEMAND NOTICE DATED 27/4/2018 ISSUED BY THE 1ST RESPONDENT UNDER THE RR ACT EXHIBIT P4 COPY OF INTERIM ORDER DATED 13/4/2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552/2018
W.P.(C) No.19521 & Conn. Cases -61- APPENDIX OF WP(C) 16930/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE AND RECEIPT FOR RECOVERED DOCUMENTS. EXHIBIT P2OF THE NOTICE DATED 5.3.2018. EXHIBIT P3OF THE RECEIPT ISSUED FROM THE POST OFFICE AT ALUVA DATED 12.03.2018. EXHIBIT P4OF THE LETTER DATED 12TH MARCH 2018. EXHIBIT P5OF THE RECEIPT FROM DEVIKA DTP & PHOTOSTAT, ALUVA DATED 21.3.2018. EXHIBIT P6OF ORDER ISM-56/2015-16 (2012-13) DATED 12.03.2018. EXHIBIT P6AOF ORDER ISM-56/2015-16 (2013-14) DATED 12.03.2018. EXHIBIT P6BOF ORDER ISM-56/2015-16 (2014-15) DATED 12.03.2018. EXHIBIT P6COF ORDER ISM-56/2015-16 (2015-16) DATED 12.03.2018. EXHIBIT P7OF ONE OF THE INVOICE OF MARHABHA AGENCIES. EXHIBIT P8OF THE REPLY DATED 6TH OF APRIL 2018. W.P.(C) No.19521 & Conn. Cases -62- APPENDIX OF WP(C) 17323/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE ISSUED UNDER SEC.25(1)OF THE KVAT ACT ISSUED BY THE 1ST RESPONDENT FOR 2012-13 DT.08.05.2018. EXHIBIT P2OF THE NOTICE ISSUED UNDER SEC.25(1)OF THE KVAT ACT ISSUED BY THE 1ST RESPONDENT FOR 2013-14 DT.08.05.2018. EXHIBIT P3OF THE NOTICE ISSUED UNDER SEC.25(1)OF THE KVAT ACT ISSUED BY THE 1ST RESPONDENT FOR 2014-15 DT.08.05.2018. EXHIBIT P4OF THE NOTICE ISSUED UNDER SEC.25(1)OF THE KVAT ACT ISSUED BY THE 1ST RESPONDENT FOR 2015-16 DT.08.05.2018. EXHIBIT P5OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO.15138/2018 DATED 04.05.2018. W.P.(C) No.19521 & Conn. Cases -63- APPENDIX OF WP(C) 17324/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2016-17 DATED 30.12.2017. EXHIBIT P2OF THE DEMAND NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT ISSUED BY 5TH RESPONDENT DATED 24.04.2018. W.P.(C) No.19521 & Conn. Cases -64- APPENDIX OF WP(C) 17325/2018 PETITIONER'S/S EXHIBITS: EXT. P1OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 24.03.2018 EXT. P2OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 05.03.2018 EXT. P3OF THE ASSESSMENT ORDER PASSED BY 1ST RESPONDENT EXT. P4OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 24.03.2018 EXT.P5 TREU COPY OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 08.03.2018 EXT.P6OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY BY 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 27.04.2018. W.P.(C) No.19521 & Conn. Cases -65- APPENDIX OF WP(C) 17326/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 19.12.2017 TO THE PETITIONER. EXHIBIT P2OF THE REPLY TO THE NOTICE TO THE RESPONDENT DATED 24.01.2018 SENT BY THE PETITIONER. EXHIBIT P3OF THE DECLARATION IN FORM NO.43 FILED BY THE PETITIONER. EXHIBIT P4OF THE DEMAND NOTICE IN FORM NO.12 DATED 19.02.2018 ISSUED BY COMMERCIAL TAX OFFICER KVAT CIRCLE-II, THRIPUNITHURA TO THE PETITIONER. EXHIBIT P5OF THE DEMAND NOTICE ISSUED UNDER SEC.7 OF THE KERALA REVENUE RECOVERY ACT, 1968 DATED 04.05.2018 ISSUED BY 5TH RESPONDENT.
W.P.(C) No.19521 & Conn. Cases -66- APPENDIX OF WP(C) 17528/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO. 32061320785/2013-14 DATED 4/012018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 EXHIBIT P2OF THE ASSESSMENT ORDER NO. 32061320785/2014-15 DATED 4/01/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 EXHIBIT P3OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC NO. 11335/2018 DATED 4/4/2018
W.P.(C) No.19521 & Conn. Cases -67- APPENDIX OF WP(C) 17529/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE ASSESSMENT NOTICE NO. 32011388155/2011-12 DATED 16/4/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 EXHIBIT P1(A)OF THE ASSESSMENT ORDER NO.32011388155/2012-13 DATED 20/4/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 EXHIBIT P1(B)OF THE ASSESSMENT ORDER NO. 32011388155/2013-14 DATED 20/4/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 EXHIBIT P1(C)OF THE ASSESSMENT ORDER NO.32011388155/2014-15 DATED 20/4/2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 EXHIBIT P1(D)OF THE ASSESSMENT ORDER NO. 32011388155/2015-16 DATED 20/4/2018 ISSUEED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC NO. 11335/2018 DATED 4/4/2018
W.P.(C) No.19521 & Conn. Cases -68- APPENDIX OF WP(C) 17728/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ASSESSMENT ORDER NO.32041265589/2015-16 DATED 21.2.2018 ISSUED BY THE IST RESPONDENT. EXHIBIT P2OF THE ORDER IN WPC NO.11335/2018 OF THIS HON'BLE COURT.
W.P.(C) No.19521 & Conn. Cases -69- APPENDIX OF WP(C) 17929/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO.32080780833C/2015-16 DATED 3.5.2018
W.P.(C) No.19521 & Conn. Cases -70- APPENDIX OF WP(C) 18525/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1.OF THE ABOVE ORDER NO.3207/1672844/2016-17 DATED 15.1.2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2.OF THE ORDER IN W.P.(C)NO.11335/2018 OF THIS HON'BLE COURT DATED 4.4.2018
W.P.(C) No.19521 & Conn. Cases -71- APPENDIX OF WP(C) 27734/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12. W.P.(C) No.19521 & Conn. Cases -72- APPENDIX OF WP(C) 29131/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER FOR THE YEAR 2014-15, DATED 30/06/2018 PASSED BY THE THIRD RESPONDENT EXHIBIT P2OF THE INTERIM ORDER DATED 04.04.2018, PASSED BY THIS HON'BLE COURT IN W.P(C) NO.11335 OF 2018 EXHIBIT P2 AOF THE INTERIM ORDER DATED 15/0-5/2018, PASSED BY THIS HON'BLE COURT IN W.P(C) NO.15987 FO2018
W.P.(C) No.19521 & Conn. Cases -73- APPENDIX OF WP(C) 29342/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 EXHIBIT P1 A COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17.