M/S. Fins Engineers And Contractors [P] LTD vs. State Tax Officer

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WP(C)/11242/2018HC KeralaGSTCNR KLHC01042832201802 April 20183 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940 WP(C).No. 11242 of 2018 ----------------------- PETITIONER : ---------- M/S. FINS ENGINEERS AND CONTRACTORS [P] LTD, NP TOWERS, 1ST FLOOR, POOKUNNAM ROAD, WEST FORT, THRISSUR. PINCODE 680004, REPRESENTED BY ITS MG. DIRECTOR P.N. SURESH. BY ADVS.SRI.U.BALAGANGADHARAN SRI.V.JAYANANDAKUMAR RESPONDENTS : ----------- 1. STATE TAX OFFICER(WORKS CONTRACT), THRISSUR, PIN- 680032. 2. THE DEPUTY COMMISSIONER(APPEALS), STATE GST DEPARTMENT, THRISSUR, PIN- 680032. 3. THE INSPECTING ASSISTANT COMMISSIONER COMMERCIAL TAXES, THRISSUR, PIN- 680032. 4. STATE OF KERALA, REPRESENTED BY SECRETARY (TAXES), THIRUVANANTHAPURAM, PIN- 695001. BY GOVERNMENT PLEADER SMT. M.M.JASMIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp 04/4/2018 WP(C).No. 11242 of 2018 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 31.01.2018 FOR THE YEAR 2015-16 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23/03/2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PETITION FOR DELAY CONDONATION DATED 23.03.2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE STAY PETITION DATED 23.03.2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE PETITION FOR EARLY HEARING OF THE APPEAL DATED 23.03.2018 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE NOTICE NO. A7/656/2018 DATED 05.03.2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE bp 4/4/2018 A.MUHAMED MUSTAQUE, J. ********************************************************************** W.P.(C) No.11242 of 2018 ********************************************************************** Dated this the 2nd day of April, 2018

JUDGMENT The petitioner, aggrieved by Ext.P6 demand notice has approached this Court. As against Ext.P1 assessment order passed by the first respondent, the petitioner filed Ext.P2 appeal along with Ext.P3 delay condonation application and Ext.P4 stay application before the second respondent.

In the light of the above, there shall be a direction to the second respondent to dispose of Exts.P3 and P4 applications within two months. Till the disposal of Exts.P3 and P4, all coercive steps to recover the demand based on the order impugned in the appeal, shall be deferred.

The writ petition is disposed of as above. A.MUHAMED MUSTAQUE, JUDGE ln

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