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Cannon Properties vs. The State Commissioner Of State Goods And Service Tax Department

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WP(C)/8134/2019HC KeralaGSTCNR KLHC01020725201919 March 2019Bench: HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE3 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940 WP(C).No.8134 of 2019 PETITIONER/S: M/S.CANNON PROPERTIES, KAROTTUKUNNEL ARCADE, KALATHIPADI, VADAVATHOOR, KOTTAYAM DISTRICT, REPRESENTED BY ITS PARTNER, MATHEW PHILIP. BY ADV. SRI.BOBBY JOHN RESPONDENT/S: 1 THE STATE COMMISSIONER OF STATE GOODS AND SERVICE TAX DEPARTMENT, KERALA, TAX TOWER, KILLIPPALAM, KARAMANA, THIRUVANANTHAPURAM-PIN 695 002. 2 THE COMMERCIAL TAX OFFICER, WORKS CONTRACT, COMMERCIAL TAXES DEPARTMENT, (NOW STATE GOODS AND SERVICES TAX DEPARTMENT), KOTTAYAM, PIN-686 002. 3 THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL, ADDITIONAL BENCH, KOTTAYAM, TAX TOWER, NAGAMPADAM NEAR LIC OFFICE, KOTTAYAM, PIN-686 001. 4 THE TAHSILDAR (RR), KOOTAYAM, PIN 686 002. BY GOVERNMENT PLEADER, SMT. THUSHARA JAMES THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.8134/2019 2

JUDGMENT The petitioner, as against Ext.P2 first appellate order, filed Ext.P3 second appeal before the third respondent-Tribunal. The petitioner also filed Ext.P4 stay application. In view of the above, there shall be a direction to the third respondent to dispose of the stay application within two months. Till the disposal of the stay application as above, recovery proceedings pursuant to the assessment order shall be kept in abeyance. The writ petition is disposed of as above. A.MUHAMED MUSTAQUE JUDGE ln

WP(C).No.8134/2019 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER FOR THE YEAR 2010-11 DATED 28.2.2017, PASSED BY THE 2ND RESPONDENT. EXHIBIT P2OF THE FIRST APPELLATE ORDER FOR THE YEAR 2010-11, DATED 16.7.2018, PASSED BY THE DEPUTY COMMISSIONER (APPEALS), SGST DEPARTMENT, KOTTYAM. EXHIBIT P3OF THE SECOND APPEAL FOR THE YEAR 2010- 11 DATED 17.1.2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P4OF THE STAY APPLICATION FOR THE YEAR 2010-11, DATED 17.1.2019, FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS EXHIBITS:NIL. //// P.A.TO JUDGE

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.