Manappuram Finance LTD. vs. The Assistant Commissioner Of State Tax - Kerala High Court, 02 April 2019

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941 WP(C).No. 24763 of 2018 PETITIONER/S: M/S MANAPPURAM FINANCE LTD. VALAPPAD, THRISSUR REPRESENTED BY ITS GENERAL MANAGER,M.V.BABU. BY ADVS. SRI.HARISANKAR V. MENON SMT.K.KRISHNA SMT.MEERA V.MENON RESPONDENT/S: 1 THE ASSISTANT COMMISSIONER OF STATE TAX STATE GOODS AND SERVICES TAX DEPARTMENT,SPECIAL CIRCLE, THRISSUR - 680 001.(CORRECTED)( R1 DELETED AND SUBSTITUTED AS THE STATE TAX OFFICER (1B), DEPARTMENT OF SGST KERALA, THRISSUR - 680001. AS PER ORDER DATED 13.08.2018 IN IA 14730/18.) 2 THE DEPUTY COMMISSIONER APPEALS DEPARTMENT OF COMMERCIAL TAXES, THRISSUR - 680 001. 3 THE INSPECTING ASST. COMMISSIONER OF STATE TAX STATE GOODS & SERVICE TAX DEPARTMENT, THRISSUR - 6 BY ADV. GOVERNMENT PLEADER SRI.SHAMSUDEEN V.K THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24763 of 2018 2

JUDGMENT The petitioner is a non-banking finance company providing advances to its customers against deposit of gold, money exchange facilities etc. It is also an assessee under the Kerala Value Added Tax Act (hereinafter referred to as 'the KVAT Act') on the rolls of the 1st respondent. Against Ext.P1 order of penalty, the petitioner has preferred Ext.P2 appeal and Ext.P3 stay petition before the 2nd respondent appellate authority. In the stay petition, the appellate authority by Ext.P8 order directed the petitioner to remit 15% of the amount confirmed by Ext.P1 order pending disposal of the appeal. It was aggrieved by the said order that the petitioner preferred the present Writ Petition and, taking note of the contention of the petitioner that substantial amounts by way of refund were due to him by virtue of Ext.P5 appellate order passed for the years 2010-2011 and 2011-2012, this court granted a stay of operation of Ext.P8 order pending disposal of the Writ Petition.

When the matter was taken up for hearing today, it is pointed out by Sri.Harisankar V. Menon the learned counsel for the petitioner that the appellate orders for 2010-2011 and 2011-2012 have since been given effect to by revised orders passed for the said years by the assessing authority where a total excess amount of Rs.1,20,82,110/- has been recognised by the assessing authority. In the light of the said submission, I am of the view that, the Writ Petition can now be disposed with a direction to the 2nd respondent to consider and pass orders on Ext.P2 appeal expeditiously after taking note of the revised orders passed for the years 2010-2011 and 2011-2012 under the KVAT Act. The 2nd respondent shall pass final orders in the appeal as directed within a period of two months from the date of receipt of a copy of this judgment. Till such time as orders are passed by the 2nd respondent as directed and the order communicated to the petitioner, the interim order passed by this Court in this Writ Petition shall continue to operate. A.K.JAYASANKARAN NAMBIAR JUDGE mns APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1: COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012 – 2013 DATED 31.01.2018 EXHIBIT P2: COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2012 – 2013 DATED 06.03.2018 EXHIBIT P3: COPY OF STAY PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2012 – 2013 DATED 08.03.2018 EXHIBIT P4: COPY OF EARLY HEARING PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR THE YEAR 2012 – 2013 DATED 08.03.2018 EXHIBIT P5: COPY OF APPELLATE ORDER IN KVATA 2484/12 TO 2490/12 & 1780/12 ISSUED BY THE DEPUTY COMMISSIONER (APPEALS), ERNAKULAM DATED 30.06.2015. EXHIBIT P6: COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.03.2018 EXHIBIT P7: COPY OF ORDER IN WPC.NO.9147/18 OF THIS HON'BLE COURT DATED 19.03.2018 EXHIBIT P8: COPY OF ORDER IN KVATA NO.1098/17 ISSUED BY THE 2ND RESPONDENT DATED 03.07.2018 RESPONDENTS EXHIBITS:NIL //// P.A TOJUDGE