BharatTaxGST

K.V.Johny vs. State Tax Officer (Intelligence)

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WP(C)/25527/2022HC KeralaGSTCNR KLHC01053841202224 August 2022Bench: HONOURABLE MR. JUSTICE GOPINATH P.3 pages
For Respondent: ADV. THUSHARA JAMES (SR GP)

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 WP(C) NO. 25527 OF 2022 PETITIONER: K.V.JOHNY AGED 60 YEARS JWALA DIAMONDS, AMBADY LANE, VELIYANNOOR, THRISSUR, PIN - 680021 BY ADV TOMSON T.EMMANUEL RESPONDENTS: 1 STATE TAX OFFICER (INTELLIGENCE), (FORMERLY: INTELLIGENCE OFFICER) SQUAD NO.1, STATE GOODS AND SERVICES TAX COMPLEX, POTHOLE, THRISSUR. , PIN - 680004 2 ASSISTANT COMMISSIONER, STATE GOODS AND SERVICES TAX DEPARTMENT, SPECIAL CIRCLE, POTHOLE, THRISSUR. , PIN - 680004 3 DEPUTY COMMISSIONER (APPEALS), STATE GOODS AND SERVICES TAX DEPARTMENT, SPECIAL CIRCLE, POTHOLE, THRISSUR. , PIN - 680004 4 STATE OF KERALA, STATE GOODS AND SERVICE TAX DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM , REPRESENTED BY, SECRETARY TO GOVERNMENT. , PIN - 695001 OTHER PRESENT: ADV. THUSHARA JAMES (SR GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.25527/2022 -2-

J U D G M E N T Learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to approach this court again.

Accordingly this writ petition is dismissed as withdrawn with the above liberty. GOPINATH P. JUDGE AMG

W.P (C) No.25527/2022 -3- APPENDIX OF WP(C) 25527/2022 PETITIONER EXHIBITS Exhibit P1OF NOTICE NO.VC/VIII/85/2016-17 DATED 04.06.2016 ISSUED U/S. 47(2) OF THE KVAT ACT, BY INTELLIGENCE INSPECTOR, COMMERCIAL TAXES, SQUAD NO. VIII, PALAKKAD. Exhibit P2OF BANK GUARANTEE NO. 00460100000371 DATED 08.06.2016 FURNISHED AS SECURITY DEPOSIT, BEFORE INSPECTING AUTHORITY FOR RELEASE OF DETAINED GOODS. Exhibit P3OF ORDER DATED 04.03.2017, ISSUED U/S. 47(6) BY 1ST RESPONDENT, IN CONVERTING SECURITY DEPOSIT INTO PENALTY. Exhibit P4OF ORDER PASSED IN STAYING ENCASHMENT OF EXT-P2 BANK GUARANTEE BY 3RD RESPONDENT. Exhibit P5OF APPELLATE ORDER DATED 20.12.2019 PASSED BY 3RD RESPONDENT IN QUASHING EXT-P3 ORDER IMPOSING PENALTY PASSED BY 1ST RESPONDENT. Exhibit P6OF 2ND APPEAL FILED BY THE 4TH RESPONDENT IN KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, ERNAKULAM, AGAINST EXT-P5 1ST APPELLATE ORDER, WITHOUT A STAY PETITION. Exhibit P7OF LETTER DATED 27.07.2022 SUBMITTED BEFORE 1ST RESPONDENT FOR RETURN OF BANK GUARANTEE IN REQUESTING TO COMPLY WITH EXT-P5 1ST APPELLATE ORDER. Exhibit P8OF JUDGMENT DATED 06.10.2020 IN WP(C) NO.18435 OF 2020 PASSED BY THIS HON'BLE COURT ON SIMILAR SET OF FACT.

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.