M/S. Green Natural Extracts PVT. LTD vs. The Assistant Commissioner

RP/778/2018HC KeralaGSTCNR KLHC01069062201825 September 2018Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU2 pages
For Respondent: ASGI. SRI. N. NAGARESH., SC SRI. THOMAS
AI SummaryAllowed

Facts

The petitioner, M/s. Green Natural Extracts Pvt. Ltd., filed a Review Petition (RP) No. 778 of 2018 before the High Court of Kerala. The petition was filed against an order or action by the Assistant Commissioner, CGST and Central Excise, Perumbavoor Division, Ernakulam District, and other respondents including the Chief Commissioner, Central Goods and Service Tax, Cochin Zone, the Central Board of Indirect Taxes and Customs, the Union of India, and the Goods and Service Tax Network. The specific tax period and the amount in dispute are not recorded in the provided text. The procedural history leading to this review petition is not detailed.

Held

The Court allowed the review petition, finding that there were indeed a couple of errors apparent on the face of the record, as pleaded by the petitioner's counsel. The Court did not delve into the specifics of these errors or the reasoning behind them in this brief order. The judgment stated that the review petition was allowed and the original judgment would be rendered as a fresh one separately. The operative direction was to allow the review petition and re-render the judgment. No issues were expressly left undecided.

Key Issues

1. Whether there are errors apparent on the face of the record in the original judgment, as pleaded by the petitioner. The petitioner, through its counsel, argued that there were a couple of errors apparent on the face of the record. The petitioner contended that these errors warranted a review of the original judgment. The respondents' arguments, if any, are not recorded in the provided text. No specific provisions of the CGST Act or Rules were explicitly named in the arguments presented in this excerpt.

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Heard together (2 matters)

RP.No. 778 of 2018
WP(C). 22615/2018

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUE AY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940 RP.No. 778 of 2018 IN WP(C). 22615/2018 REVIEW PETITIONER/S: M/S. GREEN NATURAL EXTRACTS PVT. LTD 111/348, EDATHALA NORTH, ALUVA, KERALA, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. ANIS AHAMED 683561 BY ADV. SRI.K.A.HASSAN RESPONDENT/S: 1 THE ASSISTANT COMMISSIONER CGST AND CENTRAL EXCISE, PERUMBAVOOR DIVISION, ERNAKULAM DISTRICT 683542 2 THE CHIEF COMMISSIONER, CENTRAL GOODS AND SERVICE TAX,COCHIN ZONE, CR BUILDING, IS.PRESS ROAD, ERNAKULAM-682018. 3 THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, REP.BY ITS CHAIRMAN, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001. 4 THE UNION OF INDIA, REP.BY ITS PRINCIPAL SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001. -2- R.P. No. 778 of 2018 5 M/S.GOODS AND SERVICE TAX NET WORK, EAST WING, FOURTH FLOOR, WORLD MARK- I,AEROCITY, NEW DELHI-110037. OTHER PRESENT: ASGI. SRI. N. NAGARESH., SC SRI. THOMAS MATHEW NELLIMOOTTIL., SRI. P.R. SREEJITH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25.09.2018, THE COURT ON THE SAME DAY PASS

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