Beepath Castings (PVT) Limited vs. The Secretary TO Government

WP(C)/31317/2019HC KeralaGSTCNR KLHC01081989201918 December 2023Bench: HONOURABLE MR. JUSTICE D. K. SINGH8 pages
For Respondent: SMT.JASMINE M.M.-GP
AI SummaryPartly Allowed

Held

The Court directed the Intelligence Officer to conclude the proceedings within two months. If no penalty is levied, the deposited amount of Rs. 54 lakhs is to be refunded with interest.

Facts

The petitioner sought refund of Rs. 54 lakhs paid towards tax and penalty after the Appellate Tribunal set aside the original order and remanded the matter. The proceedings had been pending for an indefinite period.

Key Issues

Whether the petitioner is entitled to a refund of the deposited amount when the original order was set aside and the matter was remanded. The delay in concluding the remanded proceedings was also an issue.

Sections Cited

Section 67(1)

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 DINESH KUMAR SINGH MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 WP(C) NO. 31317 OF 2019 PETITIONER/S: BEEPATH CASTINGS (PVT) LIMITED, NIDA, KANJIKODE, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR HEFEZULLA. BY ADVS. HAJARA.M.K M.K IZZUDIN K.M.(K/000677/1987) RESPONDENT/S: 1 THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE INTELLIGENCE OFFICER, SQUAD NO.1, O/O THE DEPUTY COMMISSIONER (INTL), DEPATMENT OF COMMERCIAL TAXES, ERNAKULAM AT EDAPPALLY, KOCHI - 682 024. OTHER PRESENT: SMT.JASMINE M.M.-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31317 OF 2019 2

J U D G M E N T The petitioner, a registered dealer under the provisions of the Kerala Value Added Tax Act, 2003 and now the Central Goods and Services Tax/State Goods and Services Tax Act, 2017, is engaged in the production of M.S.Angles and M.S.flats from Metal Scrap purchased locally, interstate and import.

Petitioner's business and official premises were inspected by the intelligence officers of

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.