BharatTaxGST

Saith Maheen Aboobacker vs. Union Of INDIA

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WP(C)/4619/2019HC KeralaGSTCNR KLHC01012251201926 February 2019Bench: HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU3 pages
For Respondent: ASGI. SRI. P., VIJAYAKUMAR

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940 WP(C).No. 4619 of 2019 PETITIONER/S: SAITH MAHEEN ABOOBACKER, NAUSHAD CATERING SERVICE, CHIT CHAT ARCADE, RAMANCHIRA, MUTHOOR P.O.THIRUVALLA. BY ADVS. SRI.SANIL JOSE SMT.SHEEBA G SRI.P.HMOHAMMED BASHEER RAWTHER RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110001. 2 THE SUPERINTENDENT, OFFICE OF THE SUPERINTENDENT OF CENTRAL GOODS AND SERVICES TAX THIRUVALLA RANGE, 1ST FLOOR, CENTRAL TOWER, CROSS JUNCTIONS, THIRUVALLA- 689 1010 BY ADV. SREELAL N. WARRIER, SC, CENTRAL BOARD OF EXCISE & CUSTOMS OTHER PRESENT: ASGI. SRI. P., VIJAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(C). No. 4619 of 2019

JUDGMENT The petitioner wants to pay the service tax arrears in instlaments. Seeking that liberty, he has filed this writ petition. In response to the petitioner's contentions, the learned Senior Standing Counsel for the respondent informs the Court that there is Circular No. 996/3/2015-CX dated 28th February 2015, which governs the issue. If the petitioner files an application before the Commissioner in terms of that circular, the Commissioner will consider. Under these circumstances, without adverting to the merits, I dispose of the writ petition, leaving it open for the petitioner to file an application before the Commissioner, in terms of the Circular referred to above and pursue the matter further. DAMA SESHADRI NAIDU JUDGE das

-3- W.P.(C). No. 4619 of 2019 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTICE NO 6/2019 DATED 9.1.2019 ISSUED BY THE 2ND 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.