BharatTaxGST

Everyday Industries INDIA Limited vs. The Deputy Commissioner

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WP(C)/23436/2020HC KeralaGSTCNR KLHC01058554202002 November 2020Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR3 pages
For Respondent: GP DR.THUSHARA JAMES

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942 WP(C).No.23436 OF 2020(D) PETITIONER/S: EVERYDAY INDUSTRIES INDIA LIMITED DOOR NO V/759, EDAPPALLY -MUVATTUPUZHA ROAD, CLUB JUNCTION, EDAPPALLY-682 024, ERNAKULAM DISTRICT, REPRESENTED BY MR. RATANKUMAR DAS-AUTHORISED SIGNATORY BY ADV. SRI.JOSEPH JERARD SAMSON RODRIGUES RESPONDENT/S: THE DEPUTY COMMISSIONER SPECIAL CIRCLE-1, STATE GOODS AND SERVICES TAX DEPARTMENT, ERNAKULAM-682 015. OTHER PRESENT: GP DR.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.23436 OF 2020(D) 2

JUDGMENT The petitioner has preferred Ext.P2 application before the respondent seeking a refund of alleged excess tax paid by him. The limited prayer of the petitioner is for a direction to the respondent to consider and pass orders on Ext.P2 application expeditiously, after hearing the petitioner.

2.

Heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I dispose the writ petition with a direction to the respondent to consider and pass orders on Ext.P2 application preferred by the petitioner within six weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE SJ

WP(C).No.23436 OF 2020(D) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO 32070249944/13-14(VAT) DATED 17.7.2020(MODIFIED), ISSUED BY THE RESPONDENT EXHIBIT P2OF THE APPLICATION DATED 6.9.2020, FOR REFUND ORDER OF RS 12,43,269-/ TOWERS THE EXCESS TAX PAID EXHIBIT P3OF THE CIRCULAR NO 9/2016 DATED 25.7.2016, ISSUED BY THE COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM

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.