Wintime Imports And Exports vs. The State Tax Officer

WP(C)/33360/2019HC KeralaGSTCNR KLHC01087086201906 December 2019Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR3 pages
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Held

The Court directed the appellate authority to consider the stay petition within one month and kept recovery steps in abeyance until then.

Facts

The petitioner filed an appeal and a stay petition against an assessment order. However, recovery steps were initiated before the stay petition was considered.

Key Issues

Whether recovery steps can be taken before a stay petition is decided in an appeal against an assessment order.

Sections Cited

CST Act

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941 WP(C).No.33360 OF 2019 PETITIONER/S: WINTIME IMPORTS AND EXPORTS PALAMATTAM HOUSE, PIRALIMATTAM KARA, KADALIKADU - 686 670, ERNAKULAM DISTRICT, REPRESENTED BY MRS. AJI METTO - MANAGING PARTNER. BY ADVS. SRI.JOSEPH JERARD SAMSON RODRIGUES SRI.ROVIN RODRIGUES RESPONDENT/S: 1 THE STATE TAX OFFICER FIRST CIRCLE, STATE GOODS AND SERVICES TAX DEPARTMENT, MATTANCHERRY, KOCHI - 682 002, ERNAKULAM DISTRICT. 2 THE DEPUTY COMMISSIONER (APPEALS) STATE GOODS AND SERVICES TAX DEPARTMENT, PERUMANOOR P. O., ERNAKULAM - 682 015, ERNAKULAM DISTRICT. P GOVERNMENT PLEADER DR.THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.33360 OF 2019 2 JUDGMENT Against Ext.P1 assessment order under the CST Act, the petitioner has preferred Ext.P3 appeal together with Ext.P4 stay petition before the 2nd respondent. It is the case of the petitioner that even prior to considering the stay petition, recovery steps are taken by the respondents against the pe

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