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. 22566 of 2018
PETITIONER/S:
M/S. PEST CONTROL SOLUTIONS
24/2013-D, SREE RAM BUILDING 2ND FLOOR, INDIRA GANDHI
ROAD, WILLINGTON ISLAND, COCHIN - 682 003, REP. BY ITS
MANAGING PARTNER ANILKUMAR E.V., AGED 49 YEARS, S/O.
E.N. VISWANATHAN,ELLICKAL HOUSE, PALLURUTHY, KOCHI -
682 006.
BY ADVS.
SRI.P.A.ABDUL JABBAR
SRI.UNISE MOHAMED KUNJU
RESPONDENT/S:
1
THE COMMERCIAL TAX OFFICER
IVTH CIRCLE, KVAT ERNAKULAM, KOCHI - 18.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4
THE INSPECTING ASSISTANT COMMISSIONER
COMMERCIAL TAXES, ERNAKULAM - 682 030.
W.P.(C) No.22566/2018 & Conn. Cases
-2-
OTHER PRESENT:
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).15087/2018, WP(C).15207/2018, WP(C).16006/2018,
WP(C).19090/2018, WP(C).19606/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19809/2018, WP(C).19889/2018, WP(C).20886/2018, WP(C).22766/2018,
WP(C).23086/2018, WP(C).23369/2018, WP(C).23489/2018, WP(C).23767/2018,
WP(C).23970/2018, WP(C).24169/2018, WP(C).24202/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 15087 of 2018
PETITIONER/S:
M/S EVERSHINE AGENCIES
30/2013F, EVERSHINE ARCADE,NEAR GOLD SOUK,
PONNURUNNI,VYTTILA P.O., ERNAKULAM - 682
019,REPRESENTED BY M.J. TOMY, MG. PARTNER.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
ASSISTANT COMMISSIONER
SPECIAL CIRCLE-I, SGST DEPARTMENT,TAX COMPLEX,
PERUMANOOR P.O.,ERNAKULAM - 682 015.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,TAX TOWER,
KARAMANA P.O.,THIRUVANANTHAPURAM - 695 001.
3
THE SECRETARY
TAXES DEPARTMENT,GOVERNMEMNT OF
KERALA,SECRETARIAT, THIRUVANANTHAPURAM-695001.
W.P.(C) No.22566/2018 & Conn. Cases
-4-
4
CENTRAL BOARD OF EXCISE AND CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI - 110 001.
BY ADVS.
SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND
CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19807/2018, WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018,
WP(C).19090/2018, WP(C).16006/2018, WP(C).15207/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 15207 of 2018
PETITIONER/S:
NEW MAHARANI JEWELLERS
SH. BUILDING, KANIYAPURAM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING PARTNER,MR. A.
KAMALUDHEEN
BY ADVS.
SRI.A.KUMAR
SMTG.MINI(1748)
SRI.P.J.ANILKUMAR
SRI.P.S.SREE PRASAD
RESPONDENT/S:
1
THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001
2
THE COMMISSIONER
STATE GOODS AND SERVICES TAX
DEPARTMENT,THIRUVANANTHAPURAM, 695001
3
STATE TAX OFFICER
FIRST CIRCLE, THIRUVANANTHAPURAM 695001
W.P.(C) No.22566/2018 & Conn. Cases
-6-
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).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19807/2018, WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018,
WP(C).19090/2018, WP(C).16006/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & Conn. Cases
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENTTHE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 16006 of 2018
PETITIONER/S:
M/S. ABSAL PHARMA (MARKETING)
4/630 B, BISMILLAH ARCADE, T.V ROAD, NEAR 4TH
GATE,KOZHIKODE, REPRESENTED BY ITS MANAGING
PARTNER,ABDUL SALAM A.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER
SPECIAL CIRCLE - I, STATE GOODS & SERVICE TAX
DEPARTMENT,KOZHIKODE - 673 001.
2
THE COMMISSIONER
STATE GOODS & SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM - 695 001.
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.
W.P.(C) No.22566/2018 & Conn. Cases
-8-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19807/2018, WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018,
WP(C).19090/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 19090 of 2018
PETITIONER/S:
DIEBOLD SYSTEMS PVT. LTD.
DOOR NO. 28/993 A, PONNETH TEMPLE ROAD, KADAVANTHRA -
682 020. ERNAKULAM DISTRICT. REPRESENTED BY MR. BABU
CHIDAMBARAM-AUTHORISED SIGNATORY.
BY ADV. SRI.JOSEPH JERARD SAMSON RODRIGUES
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER OF STATE TAX
SPECIAL CIRCLE - II, STATE GOODS & SERVICES TAX
DEPARTMENT,ERNAKULAM - 682 015. ERNAKULAM DISTRICT.
2
THE COMMISSIONER
STATE GOODS & SERVICES TAX DEPARTMENT,TAX TOWERS,
KARAMANA, THIRUVANANTHAPURAM - 695 002.
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
4
THE CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI - 110 001.
BY ADVS.
W.P.(C) No.22566/2018 & Conn. Cases
-10-
SRI.R.HARISHANKAR, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19807/2018, WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 19606 of 2018
PETITIONER/S:
M/S.CRAFTERS
VI 141, JEW TOWN, KOCHI, REPRESENTED BY ITS
PARTNER,SUNNY LOUIS MALAYIL.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER
STATE GOODS AND SERVICES TAX DEPARTMENT,SPECIAL
CIRCLE, MATTANCHERRY-682002.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM-695001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.(C) No.22566/2018 & Conn. Cases
-12-
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).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19807/2018, WP(C).19889/2018, WP(C).19809/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 19806 of 2018
PETITIONER/S:
NISHA SIMON KATTOOR
PROPRIETRIX, M/S. RAJA CERAMIN TILES & PIPES,MARKET
ROAD, PALAKKAD.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER, PALAKKAD
STATE GOODS AND SERVICE TAX DEPARTMENT,SPECIAL CIRCLE,
PALAKKAD-678 001.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM-695 001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
W.P.(C) No.22566/2018 & Conn. Cases
-14-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 19807 of 2018
PETITIONER/S:
SUBASH BABU N.
AGED 44 YEARS
PROPRITOR. M/S. FREEZING POINT,V.M. ROAD, MANNARKKAD,
PALAKKAD.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GOODS AND SERVICES TAX
DEPARTMENT,MANNARKKAD-678 582.
2
THE COMMISSIONER
STATE GOODS AND SERCIE TAX
DEPARTMENT,THIRUVANANTHAPURAM-695 001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
W.P.(C) No.22566/2018 & Conn. Cases
-16-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 19809 of 2018
PETITIONER/S:
THE KANJIRAPPALLY CLUB
KANJIRAPPALLY, KOTTAYAM, REPRESENTED BY
ITS,SECRETARY, ANTONY K. EAPEN.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER (LT)
(LUXURY TAX), STATE GOODS AND SERVICE TAX
DEPARTMENT,KOTTAYAM-686 001.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM-695 001.
3
SECRETARIAT
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
W.P.(C) No.22566/2018 & Conn. Cases
-18-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19807/2018, WP(C).19889/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 19889 of 2018
PETITIONER/S:
M/S. HI-GENE HOTEL EQUIPMENTS
NEAR EMC, VENNALA, REPRESENTED BY ITS MANAGING
PARTNER,HUSSAIN A.K.
BY ADVS.
SMT.S.K.DEVI
SRI.SANTHOSH P.ABRAHAM
RESPONDENT/S:
1
THE STATE TAX OFFICER
DEPT. OF SGST - KERALA, II CIRCLE, KALAMASSERY AT CIVIL
STATION, KAKKANADU - 682 030.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM - 695 001.
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
4
UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE,MINISTRY OF FINANCE, ROOM NO.46, NORTH
BLOCK,NEW DELHI 110 001.
W.P.(C) No.22566/2018 & Conn. Cases
-20-
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).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018,
WP(C).19807/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 20886 of 2018
PETITIONER/S:
M/S.ISHA GOLD ORNAMENTS LLP
B.P.NO.4/978, MNOP MAIN ROAD,CENTURY COMPLEX,
BALUSSERY P.O.,KOZHIKODE DISTRICT-673 612,REPRESENTED
BY ITS DESIGNATED PARTNER, MR. PRADEEP KUMAR. K
BY ADVS.
SRI.K.J.ABRAHAM
SRI.C.AJITH KUMAR
SRI.NIKHIL JOHN
RESPONDENT/S:
1
THE STATE TAX OFFICER-III
DEPARTMENT OF STATE GOODS AND SERVICES
TAX,KOYILANDY, KOZHIKODE DISTRICT-673 006.
2
THE STATE TAX OFFICERRECOVERY
O/O.INSPECTING ASSISTANT COMMISSIONER,COMMERCIAL
TAXES, KOZHIKODE DISTRICT-673 006.
W.P.(C) No.22566/2018 & Conn. Cases
-22-
3
THE COMMISSIONER
STATE GOODS AND SERVICES TAX DEPARTMENT,KARAMANA
P.O., THIRUVANANTHAPRUAM DISTRICT-695 001.
4
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT-695 001.
5
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110 001.
BY ADVS.
SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE AND
CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).22766/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 22766 of 2018
PETITIONER/S:
ROBIN P.R
AGED 30 YEARS
PROPRIETOR, THOMSON STONE CRUSHER, THAZHE KARANI,
VARADOOR (P.O.), PIN - 673591.
BY ADVS.
SRI.K.N.SREEKUMARAN
SMT.V.P.SEENA DEVI
SRI.P.J.ANILKUMAR (A-1768)
RESPONDENT/S:
1
STATE TAX OFFICER
KALPETTA, PIN - 673121, WAYANAD DISTRICT.
2
COMMISSIONER OF STATE TAXES
TAX TOWER, KARAMANA, THIRUVANANTHAPURAM - 695002.
3
STATE OF KERALA
REPRESENTED BY IT'S SECRETARY TO TAXES, SECRETARIAT,
THIRUVANANTHAPURAM - 695002.
W.P.(C) No.22566/2018 & Conn. Cases
-24-
4
CENTRAL BOARD OF INDIRECT TAXES CUSTOMS
REPRESENTED BY IT'S CHAIRMAN, DEPARTMENT OF REVENUE,
NORTH BLOCK, NEW DELHI - 110001.
5
UNION OF INDIA
REPRESENTED BY IT'S PRINCIPAL SECRETARY, MINISTRY OF
FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW
DELHI - 110001.
BY ADVS.
SRI.THOMAS MATHEW NELLIMOOTTIL, SC, CENTRAL BOARD OF
EXCISE & CUSTOMS
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.,
SR. SC. SRI. SREELAL N. WARRIER EXCISE AMP CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).23086/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 23086 of 2018
PETITIONER/S:
SHIBU.P.G.
AGED 37 YEARS
PROPRIETOR, M/S.MARBASIL CRUSHER,DOOR NO.AP-1/92C,
POTHUKETTY,AMBALAVAYAL P.O., PIN - 673 593,WAYANAD
DISTRICT.
BY ADV. SRI.TOMSON T.EMMANUEL
RESPONDENT/S:
1
STATE TAX OFFICER
STATE GOODS AND SERVICE TAX,VYTHIRI AT KALPETTA - 673
121.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,TAX TOWER,
KARAMANA P.O.,THIRUVANANTHAPURAM - 695 022.
3
STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,TAXES
DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695
001.
W.P.(C) No.22566/2018 & Conn. Cases
-26-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI - 110 001.
5
ASSISTANT COMMISSIONER
STATE GOODS AND SERVICES TAX DEPARTMENT,KALPETTA -
673 121.
BY ADVS.
SRI.RAJESH B., SC, CENTRAL BOARD OF EXCISE & CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018,
WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 23369 of 2018
PETITIONER/S:
M/S. THETTAYIL TRADERS
ATHANI, THRISSUR, THRISSUR DIST.,REPRESENTED BY ITS
MANAGING PARTNER,T.D. VARGHESE
BY ADVS.
SMT.S.K.DEVI
SRI.SANTHOSH P.ABRAHAM
RESPONDENT/S:
1
THE ASST.COMMISSIONER (ASSMT) IV
KERALA STATE GOODS AND SERVICE TAX
DEPARTMENT,SPECIAL CIRCLE, THRISSUR 680004
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM, 695001
3
STATE OF KERALA
REPRESENTED BY ITS SECRETARY,FINANCE
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 695001
W.P.(C) No.22566/2018 & Conn. Cases
-28-
4
UNION OF INDIA
REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, ROOM 46, NORTH BLCOK, NEW DELHI
110001
BY ADVS.
SRI.TULASI PANICKER, CGC
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).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23489/2018, WP(C).23086/2018,
WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 23489 of 2018
PETITIONER/S:
TRIO BUILDERS
MUNICIPAL STORE BUILDING,QAC COMPLEX, KOLLAM
DISTRICT,REPRESENTED BY ITS MANAGING PARTNER G.
SUNDARESAN.
BY ADVS.
SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.M.RAJAGOPAL
RESPONDENT/S:
1
THE COMMERCIAL TAX OFFICER (WORKS CONTRACT)
ASRAMOM, KOLLAM PIN 691 002.
2
THE STATE OF KEERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT,TAXES DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
3
UNION OF INDIA
REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE,ROOM NO. 46,NORTH BLOCK, NEW DELHI
110 001.
BY ADVS.
SRI.TULASI PANICKER, CGC
W.P.(C) No.22566/2018 & Conn. Cases
-30-
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).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23767/2018, WP(C).23369/2018, WP(C).23086/2018,
WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 23767 of 2018
PETITIONER/S:
S.AJITHA
PROPRIETOR, M/S. DEVOO RUBBER TRADERS,MARANGAD P.O,
ARYANAD, THIRUVANANTHAPURAM.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
SRI.B.PRABHAKARAN
RESPONDENT/S:
1
INTELLIGENCE OFFICER
SQUAD NO. VI, COMMERCIAL TAX DEPARTMENT,NEDUMANGAD,
THIRUVANANTHAPURAM 695 541.
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.22566/2018 & Conn. Cases
-32-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23970/2018, WP(C).23489/2018, WP(C).23369/2018, WP(C).23086/2018,
WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 23970 of 2018
PETITIONER/S:
M/S. GAMA COLOUR COATS
KAITHAKKAD, PATTIMATTOM PO,
PERUMBAVOOR,REPRESENTED BY GEORGE K.PAUL,
MG.PARTNER.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
RESPONDENT/S:
1
STATE TAX OFFICER(WC)
OFFICE OF THE DEPUTY COMMISSIONER, SGST
DEPARTMENT,MATTANCHERRY, ERNAKULAM-686 001.
2
THE COMMISSIONER
STATE GOODS & SERVICE TAX DEPARTMENT,TAX TOWER,
KARAMANA PO, THIRUVANANTHAPURAM-695 001.
3
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
W.P.(C) No.22566/2018 & Conn. Cases
-34-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110 001.
BY ADVS.
SRI.R.HARISHANKAR, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).24169/2018,
WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018, WP(C).23086/2018,
WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 24169 of 2018
PETITIONER/S:
M/S. SUDHARSAN SCIENTIFIC COMPANY
SRINGAPURAM, KODUNGALLUR,THRISSUR DISTRICT,PIN- 680
664REPRESENTED BY ITS MANAGINGPARTNER,
K.P.NANDAKUMAR PRABHU
BY ADV. SRI.P.N.DAMODARAN NAMBOODIRI
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GST DEPARTMENT,KODUNGALLUR- 680 664
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPALAM,
KARAMANA.P.O.,THIRUVANANTHAPURAM- 695 002
3
THE SECRETARY
TAXES DEPARTMENT,GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
4
THE CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE,MINISTRY OF
FINANCE,GOVERNMENT OF INDIA,NEW DELHI- 110 001
BY ADVS.
SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE AND
CUSTOMS
W.P.(C) No.22566/2018 & Conn. Cases
-36-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24202/2018, WP(C).23970/2018,
WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018, WP(C).23086/2018,
WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & 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. 24202 of 2018
PETITIONER/S:
M/S. VILAMANA INDUSTRIES
KUTTICHIRA P.O., CHALAKUDY THRISSUR
DISTRICT,REPRESENTED BY BASIL GEORGE, MG. PARTNER.
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
SRI.K.R.VISWAN
RESPONDENT/S:
1
THE COMMISSIONER
STATE GOODS & SERVICE TAX DEPARTMENT,TAX TOWER,
KARAMANA P.O.,THIRUVANANTHAPURAM -695001
2
THE SERCRETARY
TAX DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110001.
BY ADVS.
W.P.(C) No.22566/2018 & Conn. Cases
-38-
SMT.PREETHA S. NAIR, SC, CENTRAL BOARD OF EXCISE AND
CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).22566/2018, WP(C).24169/2018, WP(C).23970/2018,
WP(C).23767/2018, WP(C).23489/2018, WP(C).23369/2018, WP(C).23086/2018,
WP(C).22766/2018, WP(C).20886/2018, WP(C).19806/2018, WP(C).19807/2018,
WP(C).19889/2018, WP(C).19809/2018, WP(C).19606/2018, WP(C).19090/2018,
WP(C).16006/2018, WP(C).15207/2018, WP(C).15087/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22566/2018 & Conn. Cases
-39-
J U D G M E N T [ WP(C) 22566/2018 ,WP(C).15087/2018 ,WP(C).15207/2018 ,WP(C).16006/2018 ,WP(C).19090/2018 ,WP(C).19606/2018 ,WP(C).19806/2018 ,WP(C).19807/2018 ,WP(C).19809/2018 ,WP(C).19889/2018 ,WP(C).20886/2018 ,WP(C).22766/2018 ,WP(C).23086/2018 ,WP(C).23369/2018 ,WP(C).23489/2018 ,WP(C).23767/2018 ,WP(C).23970/2018 ,WP(C).24169/2018 ,WP(C).24202/2018 ] 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.
-44- APPENDIX OF WP(C) 19090/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTICE NO.32072067382/2010-11 DATED 03.05.2018, ISSUED BY THE FIRST RESPONDENT. EXHIBIT P2 TRUE PHOTOCOPY OF THE REPLY LETTER DATED 24.05.2018, SUBMITTED BEFORE THE FIRST RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER IN WRIT PETITION (CIVIL) NO. 15231/2018 (D) DATED 04TH MAY, 2018, OF THIS HON'BLE COURT.
-45- APPENDIX OF WP(C) 19606/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 11.05.2018. EXHIBIT P2 COPY OF ORDER IN WP(C)NO.11335/18 OF THIS HON'BLE COURT.
-46- APPENDIX OF WP(C) 19806/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12. EXHIBIT P2 COURT.
-47- APPENDIX OF WP(C) 19807/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2015-16 EXHIBIT P2 COPY OF ORDER IN WPC HO. 11335/18 OF THIS HON'BLE COURT.
-48- APPENDIX OF WP(C) 19809/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13. EXHIBIT P1A COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14. EXHIBIT P1B COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 EXHIBIT P2 COURT.
-49- APPENDIX OF WP(C) 19889/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE NO.32071362636/2014-15 DATED 14-5-2018. -50- APPENDIX OF WP(C) 20886/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOITCE U/S 25(1) READ WITH SECTION 30 OF THE KVAT ACT DATED 03.04.2018 EXHIBIT P2OF THE REPLY DATED 27.04.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P3OF THE ASSESSMENT ORDER NO. 32111169074/2013-14 DATED 03.05.2018. EXHIBIT P4OF THE ORDER NO. 32111169074/2013-14 DATED 03.05.2018. EXHIBIT P5OF THE DEMAND NOTICE NO. A9-2732/18-19 DATED 04-05-2018. EXHIBIT P6OF THE DEMAND NOTICE NO. A9-2731/18-19 DATED 04-06-2018. -51- APPENDIX OF WP(C) 22766/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO.32140499567/2014-15 DATED 20.4.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2OF THE ASSESSMENT ORDER NO.32140499567/2015-16 DATED 20.4.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3OF THE RECTIFIED ORDER NO.32140499567/2014-15 DATED 1.6.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4OF THE RECTIFIED ORDER NO.32140499567/2015-16 DATED 6.6.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P5OF THE PENALTY NOTICE NO.32140499567/2014-15 DATED 6.6.2018 ISSUED BY THE 1ST RESPONDENT U/S. 67 OF THE KVAT ACT. EXHIBIT P6OF THE PENALTY NOTICE NO.32140499567/2015-16 DATED 6.6.2018 ISSUED BY THE 1ST RESPONDENT U/S. 67 OF THE KVAT ACT.
-52- APPENDIX OF WP(C) 23086/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1. COPY OF ANNUAL RETURN IN FORM NO.10D DATED 01.07.15 SUBMITTED BEFORE 1ST RESPONDENT, FOR 14- 15 WITH PROOF OF PAYMENT OF COMPOUNDED RATE OF TAX. EXHIBIT P1(A). COPY OF ANNUAL RETURN IN FORM NO.10D DATED 31.07.16 SUBMITTED BEFORE 1ST RESPONDENT, FOR 15- 16 WITH PROOF OF PAYMENT OF COMPOUNDED RATE OF TAX. EXHIBIT P2. COPY OF NOTICE DATED 01.03.2018 ISSUED TO PETITIONER, BY 1ST RESPONDENT U/S.25(1) OF THE KVAT ACT 2003, PROPOSING TO COMPLETE BEST JUDGMENT FOR 2014-15. EXHIBIT P2(A). COPY OF NOTICE DATED 01.03.2018 ISSUED TO PETITIONER, BY 1ST RESPONDENT U/S.25(1) OF THE KVAT ACT 2003, PROPOSING TO COMPLETE BEST JUDGMENT FOR 2015-16. EXHIBIT P3. COPY OF REPLY DATED 28.03.2018 SUBMITTED AGAINST EXT.P2 NOTICE BEFORE 1ST RESPONDENT, IN OBJECTING TO THE PROPOSAL. EXHIBIT P3(A). COPY OF REPLY DATED 28.03.2018 SUBMITTED AGAINST EXT.P2(A) NOTICE BEFORE 1ST RESPONDENT, IN OBJECTING TO THE PROPOSAL. EXHIBIT P4. COPY OF ORDER DATED 13.06.2018 COMPLETED U/S.25(1) OF KVAT ACT 2003, BY 1ST RESPONDENT FOR 2014-15, PASSED WITHOUT PROPER AUTHORITY. EXHIBIT P4(A). COPY OF ORDER DATED 13.06.2018 COMPLETED U/S.25(1) OF KVAT ACT 2003, BY 1ST RESPONDENT FOR 2015-16, PASSED WITHOUT PROPER AUTHORITY.
-53- EXHIBIT P5. COPY OF RECTIFIED ASSESSMENT ORDER DATED 07.07.2018 ISSUED TO PETITIONER U/S.25(1) OF KVAT ACT 2003, BY 1ST RESPONDENT FOR 2014-15, PASSED WITHOUT PROPER AUTHORITY. EXHIBIT P5(A). COPY OF RECTIFIED ASSESSMENT ORDER DATED 07.07.2018 ISSUED TO PETITIONER U/S.25(1) OF KVAT ACT 2003, BY 1ST RESPONDENT FOR 2015-16, 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. -54- APPENDIX OF WP(C) 23369/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO. 32080271332/2011-12 DATED 31.05.2018 -55- APPENDIX OF WP(C) 23489/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN FOR THE YEAR 2015-16 EXHIBIT P2 COPY OF ORDER DATED 19-04-2018 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. -56- APPENDIX OF WP(C) 23767/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PENALTY ORDER NO. OR.232/13-14 DATED 28-03-2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P(C) 11335/2018 DATED 04-04- 2018. -57- APPENDIX OF WP(C) 23970/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 :OF THE PRE ASSESSMENT NOTICE NO.32151096134/11-12 DATED 4-7-2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P2 :OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC.NO.11335/2018 DATED 4-4-2018. -58- APPENDIX OF WP(C) 24169/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE ASSESSMENT NOTICE NO.32081024125/2014-15 DATED 26.5.2018 FOR THE YEAR 2014-15 ISSUED BY THE 1ST RESPONDENT TOT HE PETITIONER EXHIBIT P2OF THE REPLY FILED AGAINST EXT.P1 DATED 19.6.2018 EXHIBIT P3OF THE ASSESSMENT ORDER NO.32081024125/2014-15 DATED 26.6.2018 FOR THE YEAR 2014-15 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P4OF THE CONSTITUTIONAL (101ST AMENDMENT) ACT 2016 EXHIBIT P5OF THE UNION LIST (LIST1) TO THE SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA EXHIBIT P6OF THE STATE LIST (LISTII) TO THE SEVENTH SCHEDULE TO THE CONSTITUTION OF INDIA EXHIBIT P7OF THE NOTIFICATION NO SO 2986(E) DATED 16.9.2016 ISSUED BY THE DEPARTMENT OF REVENUE, GOVERNMENT OF INDIA EXHIBIT P8OF THE INTERIM ORDER ISSUED BY THE HON'BLE COURT OF KERALA IN WPC NO 11335 DATED 4.4.2018 -59- APPENDIX OF WP(C) 24202/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE 1ST REVISION ORDER NO. RP-1/17 (KVATA 3732/160 DATED 28/3/2017 ISSUED BY THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, THRISSUR. EXHIBIT P2OF THE NOTICE NO.CT/15742/2017-R1 DATED 5/7/2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P3OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC NO. 11335/2018 DATED 4/4/2018.