Team Developers vs. The State Of Kerala - Kerala High Court, 28 January 2019

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940 WP(C).No.2517 of 2019 PETITIONER/S: TEAM DEVELOPERS, 1ST FLOOR, SHAHIN BUILDING, KAVUNGALPARAMBU, KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN-683556, REPRESENTED BY MANAGING PARTNER MR. ABDUL RAHIM C.P. BY ADVS. SRI.SOJAN MATHEW SMT.K.J.VALSALA KUMARI SRI.K.N.KRISHNAN NAMBOODIRI SRI.V.C.CHARLY RESPONDENT/S: 1 THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE STATE TAX OFFICER, 2ND CIRCLE, DEPARTMENT OF GOODS AND SERVICES TAX, PERUMBAVOOR, PIN-683 542 3 DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, ERNAKULAM, PIN-682 015 BY GOVERNMENT PLEADER, SMT.M.M.JASMINE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.2517/2019 2

JUDGMENT The petitioner approached the third respondent in an appeal. The petitioner already deposited 20% of the disputed tax.

In view of the above, there shall be a direction to the third respondent to consider the stay application within two months. Till then, recovery pursuant to the impugned order in the appeal shall be deferred.

The writ petition is disposed of as above. A.MUHAMED MUSTAQUE JUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF ORDER DATED 27.07.2017 ISSUED BY THE INTELLIGENCE OFFICER (IB), ERNAKULAM. EXHIBIT P2OF NOTICE ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3OF THE KVAT APPEAL MEMORANDUM FILED BEFORE THE 3RD RESPONDENT. EXHIBIT P4OF THE CHALAN RECEIPT NO. KL 0101106201718M DATED 24.01.2018 REMITTED BY THE PETITIONER. RESPONDENTS EXHIBITS:NIL. //// P.A.TO JUDGE ln