Sajayan vs. The Joint Commissioner (Appeals)

WP(C)/16023/2024HC KeralaGSTCNR KLHC01102331202430 July 2024Bench: HONOURABLE MR. JUSTICE GOPINATH P.3 pages
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Held

The Court stayed further recovery proceedings for the disputed amounts. The petitioner was directed to file an appeal before the Appellate Tribunal once constituted, and recovery proceedings were deferred until the Tribunal decided the appeal.

Facts

The petitioner's appeal to the First Appellate Authority was rejected due to the non-constitution of the Tribunal, preventing a second appeal. The petitioner had already remitted 20% of the disputed amount as per statutory conditions.

Key Issues

Whether the petitioner can be prevented from filing a second appeal due to the non-constitution of the Tribunal. Whether recovery proceedings should be stayed pending the constitution of the Tribunal.

Sections Cited

Section 107, Section 112, Section 112 (8) (b)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 WP(C) NO. 16023 OF 2024 PETITIONER/S: SAJAYAN, AGED 42 YEARS S/O. SIVAN, 'KAILASAM' ERUVA WEST, ERUVA P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690502 BY ADVS. S.SHANAVAS KHAN S.INDU KALA G.NAMBIAR RESPONDENT/S: 1 THE JOINT COMMISSIONER (APPEALS), STATE GOODS AND SERVICES TAX DEPARTMENT, KOTTAYAM, PIN - 686002 2 THE STATE TAX OFFICER, STATE GOODS AND SERVICES TAX DEPARTMENT, MINI CIVIL STATION, KAYAMKULAM, ALAPPUZHA, PIN - 690502 SMT. JASMINE M.M, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.16023/2024 -2-

J U D G M E N T The petitioner suffered Ext.P1 order of assessment under the CGST / SGST Act for the year 2017-18. The petitioner preferred an appeal under Section 107 of the CGST / SGST Act before the First Appellate Authority who rejected the appeal by Ext.P4 order as the Tribunal has not been constituted so far, as a result of which the petitioner is unable to exercise his right to file a second appeal under Section 112 of the CGST/SGST

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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.