Oriental Metals INDIA PVT. LTD vs. Assistant State Tax Officer

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WP(C)/5955/2018HC KeralaGSTCNR KLHC01037545201805 March 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 MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939 WP(C).No. 5955 of 2018 PETITIONER(S) ORIENTAL METALS INDIA PVT. LTD UNITY COMPLEX, MARKET ROAD, ERNAKULAM, KOCHI - 682 035. REPRESENTED BY AHAMED ANSARI, MANAGING DIRECTOR). BY ADVS.SRI.K.N.SREEKUMARAN SMT.V.P.SEENA DEVI SRI.P.J.ANILKUMAR (A-1768) RESPONDENT(S): 1. ASSISTANT STATE TAX OFFICER SQUAD NO.VII, ERNAKULAM, KOCHI - 682 015. 2. STATE TAX OFFICER STATE GOODS & SERVICE TAX DEPARTMENT, SQUAD NO.VII, ERNAKULAM, KOCHI - 682 015. R BY SR.GOVERNMENT PLEADER, SRI.V.K.SHAMSUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5955 of 2018 (T) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE GST CERTIFICATE WITH REGISTRATION NO. 32AABCO1875HIZL ISSUED TO PETITIONER. EXHIBIT P2 TRUE COPY OF THE INVOICE NO.BT/131/SSS DATED 19.2.2018. EXHIBIT P3 TRUE COPY NOTICE NO. OR GST/VII/18/2017-18 DATED 19.2.2018. EXHIBIT P4 TRUE COPIES OF REPLY DATED 19.2.2018 AND THE JUDGMENT DATED 18.1.2018 IN WP(C) 1680/2018 OF THIS COURT FILED BEFORE THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REJECTION LETTER DATED 20.2.2018 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// SD/- P.A. TO JUDGE SKS P.B.SURESH KUMAR, J. ================== W.P.(C.) No.5955 of 2018 ---------------------------------------------- Dated this the 5th day of March, 2018

JUDGMENT Petitioner is aggrieved by the conduct of the first respondent in detaining the goods referred to in the writ petition under sub-section (3) of Section 129 of the Central Goods and Services Tax Act and the Kerala State Goods and Services Tax Act.

2.

In terms of the interim order passed by this Court on 22.02.2018, this Court directed release of the goods detained against execution of a bond.

3.

Today, when this matter was taken up, the learned counsel for the petitioner submitted that the goods have been released pursuant to the interim order. In the circumstances, this writ petition is disposed

W.P.(C.) No. 5955/2018 2 of directing the second respondent to complete the adjudication provided for under Section 129 of the Act, within one month from the date of receipt of a copy of this judgment. P.B. SURESH KUMAR, JUDGE SKS

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.