K.Sunil Varkey vs. The Commissioner Tax Officer (Works Contract)

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WP(C)/14502/2019HC KeralaGSTCNR KLHC01036735201927 May 2019Bench: HONOURABLE MR.JUSTICE S.V.BHATTI3 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 S.V.BHATTI MONDAY, THE 27TH DAY OF MAY 2019 / 6TH JYAISHTA, 1941 WP(C).No. 14502 of 2019 PETITIONER/S: K.SUNIL VARKEY AGED 48 YEARS PROPRIETOR, AJAY CONSTRUCTIONS, 1ST FLOOR, SREENIKETHAN BUILDINGS, STATUE JUNCTION, TRIPUNITHURA.,PIN-682301. BY ADVS. SRI.M.K.SUBHAKARAN SRI.M.T.MURALEEDHARAN RESPONDENT/S: 1 THE COMMISSIONER TAX OFFICER (WORKS CONTRACT) ERNAKULAM, KOCHI-682018. 2 THE DEPUTY COMMISSIONER (APPEALS) STATE GOODS AND SERVICES TAX DEPARTMENT, PERUMANOOR, KOCHI-682015. 3 STATE ASSISTANT COMMISSIONER, STATE GOODS AND SERVICES TAX DEPARTMENT, ERNAKULAM AT CIVIL STATION, KAKKANAD-682030. OTHER PRESENT: GP. DR. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 14502/2019 -2-

J U D G M E N T Heard Sri M.K. Subhakaran, the petitioner's counsel and Dr.Thushara James, the learned Government Pleader.

2.

The petitioner prays for a direction to the second respondent to consider and dispose of Ext.P4 stay petition expeditiously.

3.

Having regard to the circumstances of the case the writ petition is disposed of directing the second respondent to consider and dispose of Ext.P4 stay petition as expeditiously as possible, preferably within two months from the date of receipt of a copy of this judgment. The recovery proceedings pursuant to the orders under appeal before the second respondent are stayed for two months from today. S.V.BHATTI JUDGE jjj

W.P.(C) No. 14502/2019 -3- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER WITH DEMAND NOTICE. EXHIBIT P2OF THE APPEAL MEMORANDUM FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P3OF THE APPLICATION FOR URGENT HEARING. EXHIBIT P4OF THE APPLICATION FOR STAY OF COLLECTION. EXHIBIT P5OF DEMAND NOTICE ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT 1968.

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.