K.Mohanan vs. The State Tax Officer

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WP(C)/13655/2018HC KeralaGSTCNR KLHC01045244201813 April 2018Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR4 pages

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Heard together (3 matters)

RP NO.180/2014
RP NO.179/2014
W.P.(C) No.13655 of 2018

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 13TH DAY OF APRIL 2018 / 23RD CHAITHRA, 1940 WP(C).No. 13655 of 2018 PETITIONER(S) K.MOHANAN M/S MONCY POULTRY FARM, KADAMKURUSSI, PATTICHIRA, PALAKKAD BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENT(S): 1. THE STATE TAX OFFICER (IB) STATE GST DEPARTMENT, MATTANCHERRY AT MINI CIVIL STATION ALUVA- 683 101 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695 001 BY SPL.GOVERNMENT PLEADER SMT.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13655 of 2018 (F) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 COPY OF ORDER IN RP NO.180/2014 ISSUED BY THE DEPUTY COMMISSIONER, PALAKKAD FOR THE YEAR 2008-09 EXHIBIT P1(a) COPY OF ORDER IN RP NO.179/2014 ISSUED BY THE DEPUTY COMMISSIONER, PALAKKAD FOR THE YEAR 2009-10 EXHIBIT P2 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2008-09 EXHIBIT P2(a) COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2009-10 EXHIBIT P3 COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR 2008-09 EXHIBIT P3(a) COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR 2009-10 RESPONDENT(S) EXHIBITS: NIL /TRUE COPY/ VPS PS TO JUDGE P.B.SURESH KUMAR, J. --------------------------------------------- W.P.(C) No.13655 of 2018 --------------------------------------------- Dated this the 13th day of April, 2018

JUDGMENT Ext.P3 series are the applications preferred by the petitioner for rectification of Ext.P2 series orders imposing penalty, invoking Section 66 of the Kerala Value Added Tax Act. The grievance of the petitioner in the writ petition concerns the delay on the part of the first respondent in passing orders on Ext.P3 series applications.

2.

Heard the learned counsel for the petitioner as also the learned Government Pleader. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the first respondent to pass orders on Ext.P3 series applications,

WPC 13655/18 within two weeks from the date of receipt of a copy of this judgment. Needless to say that till orders are passed as directed above, further proceedings pursuant to Ext.P2 series orders shall be deferred. P.B.SURESH KUMAR,

JUDGE vps 13/4 // PS to Judge

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.