BharatTaxGST

Lloyd Healthcare PVT. LTD. vs. The State Of Kerala

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WP(C)/7793/2020HC KeralaGSTCNR KLHC01020457202013 March 2020Bench: HONOURABLE MR.JUSTICE V.G.ARUN3 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 V.G.ARUN FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941 WP(C).No.7793 OF 2020(Y) PETITIONER/S: LLOYD HEALTHCARE PVT. LTD., PUNATHIL BUILDINGS, POLASSERY LANE, PJ ANTONY ROAD, PALARIVATTOM, KOCHI PIN-682025, REPRESENTED BY ITS AUTHORIZED SIGNATORY MRS, SINCY MAXAN BY ADVS. SRI.SOJAN MATHEW SRI.V.C.CHARLY SRI.K.N.KRISHNAN NAMBOOTHIRI SMT.K.J.VALSALA KUMARI RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 2 STATE TAX OFICER, STATE GOODS AND SERVICE TAX DEPARTMENT, FIRST CIRCLE, KALAMASSERY, CIVIL STATION AT KAKKANAD, ERNAKULAM PIN-682030 3 DEPUTY COMMISSIONER(APPEALS) STATE GOODS AND SERVICES TAX DEPARTMENT, COMMERCIAL TAX COMPLEX, ERNAKULAM, PIN-682015 OTHER PRESENT: GP DR.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.G.ARUN, J. ----------------------------------------------- W.P(C).No. 7793 of 2020 ----------------------------------------------- Dated this the 13th day of March, 2020

JUDGMENT Aggrieved by Exhibit P1 assessment order for the year 2015- 2016, the petitioner has preferred Exhibit P2 appeal before the 3rd respondent. The petitioner has also filed Exhibit P3 stay petition seeking stay of the recovery proceedings based on Exhibit P1 order. The limited prayer in the writ petition is for expeditious consideration of either Exhibit P2 appeal or Exhibit P3 stay petition and to keep the recovery proceedings in abeyance till such time.

2.

Heard the learned Government Pleader also.

3.

Considering the limited relief sought for, I am inclined to dispose of the writ petition directing the 3rd respondent to consider Exhibit P2 appeal and Exhibit P3 stay petition and pass orders on merits within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed on Exhibit P3, recovery proceedings based on Exhibit P1 assessment order shall be kept in abeyance. V.G.ARUN, JUDGE vgs16.3

W.P(C).No. 7793 of 2020 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ASSESSMENT ORDER NO.32071282176/2016-17 DATED 26.08.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2OF THE KVAT APPEAL MEMORANDUM WITH KVAT NO.2604/2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P3OF THE APPLICATION FOR STAY FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

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.