Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 29TH DAY OF MAY 2018 / 8TH JYAISHTA, 1940
WP(C).No. 17418 of 2018
PETITIONER(S)
M/S. FINS ENGINEERS AND CONTRACTORS (P) LTD
N P TOWERS, 1ST FLOOR, POOKUNNAM ROAD,
WEST FORT, THRISSUR. PINCODE.680 004,
REPRESENTED BY ITS MG. DIRECTOR, P.N.SURESH.
BY ADVS.SRI.U.BALAGANGADHARAN
SRI.V.JAYANANDAKUMAR
RESPONDENT(S):
1. STATE TAX OFFICER (WORK CONTRACT)
STATE GST DEPARTMENT, THRISSUR,
PIN.680 032.
2. THE DEPUTY COMMISSIONER (APPEALS)
STATE GST DEPARTMENT, THRISSUR.
PIN.680 032.
3. THE SECRETARY
THE KVAT APPELLATE TRIBUNAL,
ERNAKULAM, PIN.683 015.
4. THE ASSISTANT COMMISSIONER
STATE GST DEPARTMENT, THRISSUR.
PIN.680 032.
5. STATE OF KERALA
REPRESENTED BY SECRETARY (TAXES),
THIRUVANANTHAPURAM. PIN.695 001.
R BY SENIOR GOVERNMENT PLEADER V.K. SHAMSUDEEN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17418 of 2018 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED
17.06.2016 FOR THE YEAR 2014-15 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 15.01.2018 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED
22.5.2018 FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE STAY PETITION DATED 22.5.2018
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE NO.A7/3097/16 DATED
3.8.2016.
EXHIBIT P6 TRUE COPY OF THE PROHIBITORY ORDER
NO.A7/3097/16-17 DATED 8.5.2018 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER'S BANK.
EB
///TRUE COPY///
P.A. TO JUDGE
P.B.SURESH KUMAR, J.
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W.P.(C).No.17418 of 2018
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Dated this the 29th day of May, 2018
J U D G M E N T
Challenging Ext.P2 appellate order under the Kerala Value Added Tax Act, the petitioner preferred Ext.P3 appeal before the Kerala Value Added Tax Appellate Tribunal. Ext.P4 is the application for stay preferred by the petitioner in the appeal. It is stated that proceedings have already been initiated for realisation of the amounts covered by the order impugned in the appeal. The grievance of the petitioner, in the circumstances, concerns the delay on the part of the Tribunal in deciding the appeal.
2.Heard the learned counsel for the petitioner as also the learned Government Pleader.
W.P.(c).No.17418 of 2018 : 2 :
3.In the peculiar facts of this case, the writ petition is disposed of directing the Tribunal to pass orders on the application for stay preferred by the petitioner, within six weeks from the date of receipt of a copy of this judgment. Needless to say that till orders are passed on the application for stay, further proceedings for realization of the amounts covered by the order impugned in the appeal shall be deferred by the respondents concerned. P.B.SURESH KUMAR
JUDGE EB/29.05.2018
