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N.K.Shamsudheen vs. The State Tax Officer

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WP(C)/12445/2018HC KeralaGSTCNR KLHC01044035201810 April 2018Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR4 pages

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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 TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940 WP(C).No. 12445 of 2018 PETITIONER: N.K.SHAMSUDHEEN, M/S. S.S POULTRY FARM, MOUDHANAMCHALLA, MUTHALAMADA, GOVINDAPURAM P.O, PALAKKAD DISTRICT. 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, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. BY SPECIAL GOVERNMENT PLEADER SMT. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PBS WP(C).No. 12445 of 2018 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 COPY OF ORDER IN RP NO. 187/2014 ISSUED BY THE DEPUTY COMMISSIONER, PALAKKAD FOR THE YEAR 2009-10. EXHIBIT P2 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2009-10. EXHIBIT P3 COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR 2009-10. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ PS TO JUDGE PBS 11/4/2018 P.B.SURESH KUMAR, J. -------------------------------------------- W.P.(C).No.12445 of 2018 --------------------------------------------------------------- Dated this the 10th day of April, 2018

J U D G M E N T

Ext.P3 is an application preferred by the petitioner for rectification of Ext.P2 order 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 application.

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 application, within

W.P.(c).No.12445 of 2018 : 2 : 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 shall be deferred. P.B.SURESH KUMAR

JUDGE rsr

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.