Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 23258 of 2018
PETITIONER/S:
K.ANGURAJ
PROPRIETOR, M/S.ANGU TRADERS, V/28, KODUVAYUR -
KUZHALMANNAM ROAD, CHUKKAMKUNNAM,
MAHALIKUDAM,THENKURISSI P.O., PALAKKAD - 678 671.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER OF STATE TAX, PALAKKAD
STATE GOODS & SERVICE TAX DEPARTMENT,SPECIAL CIRCLE,
PALAKKAD - 678 001.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM - 695 001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
OTHER PRESENT:
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
W.P.(C) No.23258/2018 & Conn. Cases
-2-
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).14859/2018, WP(C).15056/2018, WP(C).15057/2018,
WP(C).15252/2018, WP(C).16653/2018, WP(C).16855/2018, WP(C).17859/2018,
WP(C).17860/2018, WP(C).18458/2018, WP(C).19256/2018, WP(C).19656/2018,
WP(C).20258/2018, WP(C).20685/2018, WP(C).21857/2018, WP(C).23052/2018,
WP(C).23453/2018, WP(C).23458/2018, WP(C).23854/2018, WP(C).24054/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 14859 of 2018
PETITIONER/S:
M/S V.T.ANTONY & SONS JEWELLERY
IRINJALAKUDA,REPRESENTED BY ITS MANAGING
PARTNER,V.A.THOMACHAN.
BY ADVS.
SMT.S.K.DEVI
SRI.SANTHOSH P.ABRAHAM
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER (ASSMT)
STATE GOODS AND SERVICE TAX DEPARTMENT,SPECIAL
CIRCLE,THRISSUR-680004.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM-695001.
3
THE SECRETARY
TAXES DEPARTMENT,GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695001.
W.P.(C) No.23258/2018 & Conn. Cases
-4-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE,MINISTRY OF
FINANCE,GOVERNMENT OF INDIA,NEW DELHI-110001.
BY ADVS.
GOVERNMENT PLEADER
SRI.RAJESH B., SC, CENTRAL BOARD OF EXCISE & CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15056 of 2018
PETITIONER/S:
P.C. SHAJI
WORKS CONTRACTOR, PEEDIKAPARAMBIL HOUSE,MOUNT SINAI
ROAD, THODUPUZHA.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GOODS AND SERVICES TAX DEPARTMENT,IDUKKI AT
KATTAPPANA - 685 508.
2
THE INSPECTING ASSISTANT COMMISSIONER
DEPARTMENT OF COMMERCIAL TAXES,IDUKKI AT
KATTAPPANA - 685 508.
W.P.(C) No.23258/2018 & Conn. Cases
-6-
3
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM -695 001.
4
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF
KERALA,SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
5
CENTRAL BOARD OF EXCISE AND CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI- 110 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018,
WP(C).14859/2018, WP(C).21857/2018, WP(C).23458/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-7-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15057 of 2018
PETITIONER/S:
MOHAMMED LAISE
KADAVIL VALAPIL, AYILAKKAD HOUSE, AYILAKKAD,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER
MINI CIVIL STATION, PONNANI-679583.
2
THE COMMISSIONER STATE GOODS AND SERVICE TAX
DEPARTMENT
THIRUVANANTHAPURAM-695001.
3
SECRETARY TAXES DEPARTMENT
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.(C) No.23258/2018 & Conn. Cases
-8-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI-110001.
BY ADVS.
SRI.R.HARISHANKAR, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018,
WP(C).14859/2018, WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-9-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 15252 of 2018
PETITIONER/S:
M/S. ROYAL MARKETING VALLOM KADAVU LANE
VII/554 A, VALLOM KADAVU LANE, PARAPPURAM,
ALUVA,ERNAKULAM DISTRICT, REPRESENTED BY ITS
MANAGING PARTNER K.U FIRDOUSE.
BY ADVS.
SRI.AJI V.DEV
SMT.O.A.NURIYA
SRI.SUSHANTH.J.
RESPONDENT/S:
1
STATE TAX OFFICER III
S.G.S.T DEPARTMENT, ANGAMALY - 683 572.
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KARAMANA, THIRUVANANTHAPURAM - 695 002.
3
THE STATE OF KERALA
REPRESENTED BY IT'S SECRETARY TO TAXES,SECRETARIAT,
THIRUVANANTHAPURAM - 695 002.
W.P.(C) No.23258/2018 & Conn. Cases
-10-
4
THE CENTRAL BOARD OF INDIRECT TAXES CUSTOMS
REPRESENTED BY IT'S CHAIRMAN, DEPARTMENT OF
REVENUE,NORTH BLOCK, NEW DELHI - 110 001.
5
THE UNION OF INDIA
REPRESENTED BY IT'S PRINCIPAL SECRETARY, MINISTRY OF
FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW
DELHI - 110 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC.,
JAISHANKAR V. NAIR.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16855/2018, WP(C).16653/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-11-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 16653 of 2018
PETITIONER/S:
DHANLAXMI BANK LTD
DHANALEKSHMI BUILDINGS, NAICKANAL, THRISSUR -680001,
REPRESENTED BY ITS CHIEF FINANCIAL OFFICER, BHASI K.V.
BY ADVS.
SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.K.V.JAYAPRAKASH
SRI.M.RAJAGOPAL
RESPONDENT/S:
1
ASSISTANT COMMISSIONER [ASSESSMENT]
COMMERCIAL TAXES, POOTHOLE, THRISSUR. PIN:680004.
2
THE STATE OF KERALA
REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT,TAXES
DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
3
UNION OF INDIA
REPRESENTED BY ITS SECETARY,DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, ROOM NO.46, NORTH BLOCK, NEW
DELHI-110001.
W.P.(C) No.23258/2018 & Conn. Cases
-12-
BY ADVS.
SRI.DINESH R.SHENOY, CGC
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC.,
JAISHANKAR V. NAIR.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16855/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-13-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 16855 of 2018
PETITIONER/S:
M/S.SYNERGY MARKETING SERVICES
35/1424(4), ESSEN AVENUE, PALARIVATTOM P.O,ERNAKULAM
-682 025, REPRESENTED BY ITS PROPRIETOR,NANDAKUMAR C.
BY ADVS.
SRI.K.J.ABRAHAM
SRI.NIKHIL JOHN
RESPONDENT/S:
1
THE STATE TAX OFFICER
DEPARTMENT OF GOODS AND SERVICES TAXES,2ND CIRCLE,
KALAMASSERY AT KAKKANAD,ERNAKULAM -682 030.
2
THE COMMISSIONER
STATE GOODS AND SERVICES TAX DEPARTMENT,KARAMANA
P.O, THIRUVANANTHAPURAM DISTRICT-695001.
3
THE SECRETARY GOVERNMENT OF KERALA
TAXES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM
DISTRICT-695 001.
W.P.(C) No.23258/2018 & Conn. Cases
-14-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI -110 001.
BY ADVS.
SMT.SINDHUMOL.T.P., CGC
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-15-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17859 of 2018
PETITIONER/S:
M/S. ORIENTAL WOODS
N.H.BYEPASS, EDAPPALLY, ERNAKULAM, REPRESENTED BY ITS
PARTNER V.P.RASHEED.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
SRI.K.SUNIL
RESPONDENT/S:
1
THE INTELLIGENCE OFFICER (INVESTIGATION BRANCH)
OFFICE OF THE INSPECTING ASST.COMMISSIONER
(INTELLIGENCE),COMMERCIAL TAXES, KOTTAYAM-686082.
2
THE COMMISSIONER STATE GOODS AND SERVICE TAX
DEPARTMENT
THIRUVANANTHAPURAM-695001.
3
SECRETARY TAXES DEPARTMENT
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.(C) No.23258/2018 & Conn. Cases
-16-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-17-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 17860 of 2018
PETITIONER/S:
C.G.NANDAKUMAR
AGED 52 YEARS
M/S NANDIL HONDA, CHAMMANTHOOR, PUNALUR.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GOODS AND SERVICE TAX DEPARTMENT,PUNALUR-
691305.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM-695001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.(C) No.23258/2018 & Conn. Cases
-18-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-1109001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-19-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 18458 of 2018
PETITIONER/S:
M/S. PAE LTD.
69, TARDEO ROAD, MUMBAI-400034,REPRESENTED BY ITS
AUTHORISED SIGNATORY,SRI.JINESH M.R.
BY ADVS.
SRI.RAJESH NAMBIAR
SRI.N.R.SAJ
RESPONDENT/S:
1
ASSISTANT COMMISSIONER, STATE GOODS AND SERVICE TAX
DEPARTMENT
SPECIAL CIRCLE-III, ERNAKULAM, PIN-682031.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,
THIRUVANANTHAPURAM-695001.
3
STATE OF KERALA
REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM-695001.
W.P.(C) No.23258/2018 & Conn. Cases
-20-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-21-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 19256 of 2018
PETITIONER/S:
M.V. SUBHASH
M/S PRIDE FASHION JEWELLERY,COURT ROAD, ALATHUR,
PALAKKAD DISTRICT.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.K.KRISHNA
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GOODS AND SERVICE TAX DEPARTMENT,ALATHUR- 678
541
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM- 695 001
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
W.P.(C) No.23258/2018 & Conn. Cases
-22-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-23-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 19656 of 2018
PETITIONER/S:
M/S. AM DISTRIBUTERS
DOOR NO.CC 35/026, D1 & D2, FIRST FLOOR,BHASKER VILLA,
PALARIVATTOM, COCHIN 682025.REPRESENTED BY IT'S
MANAGING PARTNER (DESIGNATION)MR, M.MOHAMMED
BASHEER.
BY ADVS.
SMT.K.LATHA
SMT.JESSY MANUEL
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER
THE ASSISTANT COMMISSIONER, SPECIAL CIRCLE-
111,COMMERCIAL TAXES ERNAKULAM 682015
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPALAM,
KARAMANA.P.O.THIRUVANANTHAPURAM-695002.
W.P.(C) No.23258/2018 & Conn. Cases
-24-
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM -695001.
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110001.
BY ADVS.
SRI.RAJESH B., SC, CENTRAL BOARD OF EXCISE & CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-25-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 20258 of 2018
PETITIONER/S:
CAVINKARE PVT. LTD.
DOOR NO.48/1748, D4, AZAD COMPLEX, PERUMPOTTA ROAD,
ELAMAKKARA, KOCHI, PIN-682 026, REPRESENTED BY ITS
AUTHORIZED SIGNATORY, MAHESH E.S.
BY ADVS.
SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.M.RAJAGOPAL
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER
COMMERCIAL TAXES, MATTANCHERRY AT ALUVA, ERNAKULAM
DISTRICT, PIN-680 002.
2
THE STATE OF KERALA
REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
W.P.(C) No.23258/2018 & Conn. Cases
-26-
3
UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, ROOM NO.46, NORTH BLOCK, NEW
DELHI-110 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
ADDL. SOLICITOR GENERAL SRI.K.M. NATRAJ., CGC.,
JAISHANKAR V. NAIR.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).19656/2018,
WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-27-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 20685 of 2018
PETITIONER/S:
ABDUL HAMEED T.K.
'FIDA TRADERS', THEVAMKULANGARA, OTHALUR P.O.,
THRITHALA, PALAKKAD DISTRICT.
BY ADVS.
SRI.N.MURALEEDHARAN NAIR
SMT.K.HYMAVATHY
RESPONDENT/S:
1
THE STATE TAX OFFICER
STATE GOODS AND SERVICE TAX DEPARTMENT, KERALA, SALES
TAX OFFICE, PATTAMBI-PALAKKAD-679303.
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPALAM, KARAMANA P.O.,
THIRUVANANTHAPURAM-695002.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
W.P.(C) No.23258/2018 & Conn. Cases
-28-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI-110001.
5
THE DEPUTY TAHSILDAR
PATTAMBI TALUK, PATTITHARA VILLAGE, PALAKKAD-679303.
BY ADV. SRI.R.V.RAGHUNATHAN THAMPURAN
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20258/2018, WP(C).19656/2018,
WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-29-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 21857 of 2018
PETITIONER/S:
M/S.GAYLORD METALS
ANGAMALY SOUTH P.O. - 683 573,ANGAMALY.
BY ADVS.
SRI.BEJOY CHERIYAN
SRI.P.C.JOSEPH(CASPER)
RESPONDENT/S:
1
STATE TAX OFFICER - II
STATE GOODS AND SERVICES TAX DEPARTMENT, ANGAMALY -
683 572.
2
THE COMMISSIONER
STATE GOODS AND SERVICES TAX DEPARTMENT, TAX TOWER,
KARAMANA P.O., THIRUVANANTHAPURAM - 695 022.
3
STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
W.P.(C) No.23258/2018 & Conn. Cases
-30-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI - 110 001.
BY ADVS.
SRI.R.HARISHANKAR, SC, CENTRAL BOARD OF EXCISE &
CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018,
WP(C).14859/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-31-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 23052 of 2018
PETITIONER/S:
M/S.ESCORTS LTD.
LAKSHMI COMPLEX, NEAR THOTTUPALAM,MARUTHA ROAD,
PALAKKAD, REPRESENTED BY ITS HEAD INDIRECT
TAXATION,MOHAMMED ARSHAD.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE ASST.COMMISSIONER OF STATE TAX
STATE GOODS & SERVICES TAX DEPARTMENT,SPECIAL CIRCLE,
PALAKKAD - 678 001.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPRTMENT,THIRUVANANTHAPURAM - 695 001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF
KERALA,SECRETARIATE, THIRUVANANTHAPURAM - 695 001.
W.P.(C) No.23258/2018 & Conn. Cases
-32-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).20685/2018, WP(C).20258/2018, WP(C).19656/2018,
WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-33-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 23453 of 2018
PETITIONER/S:
NOVELTY TEXTILES
DIVISION OF NOVELTY CLOTHING PVT. LTD.,REGD. OFFICE AT
NO.44/1037A, LFC ROAD,KALOOR, SHOP AT 40/2692 A,B.C & D
MARKET ROAD,ERNAKULAM, COCHIN - 11, REPRESENTED BY
ITSMANAGING DIRECTOR, SRI.E.P.GEORGE.
BY ADV. SRI.R.MURALIDHARAN (AROOR)
RESPONDENT/S:
1
THE COMMERCIAL TAX OFFICER, ERNAKULAM
KVAT CIRCLE - III, DEPARTMENT OF COMMERCIAL TAXES,CLAS
TOWER, OLD RAILWAY STATION ROAD,ERNAKULAM, PIN - 682
018.
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPALAM, KARAMANA
P.O.,THIRUVANANTHAPURAM - 695 002.
3
STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,TAXES
DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695 002.
W.P.(C) No.23258/2018 & Conn. Cases
-34-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI - 110 001.
5
THE INSPECTING ASSISTANT COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,ERNAKULAM AT
CIVIL STATION, KAKKANAD,PIN - 682 030.
BY ADVS.
SRI.RAJESH B., SC, CENTRAL BOARD OF EXCISE & CUSTOMS
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018, WP(C).19656/2018,
WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-35-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 23458 of 2018
PETITIONER/S:
P.C. MUHAMMED
AGED 48 YEARS
S/O. AHAMMEDKUTTY HAJI, P.C.TIMBERS, IRUVETTY P.O.,
THOTTILANGADI, AREACODE MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENT/S:
1
THE COMMERCIAL TAX OFFICER-1
MANJERI, MALAPPURAM DISTRICT, PIN-676121.
2
THE ASSISTANT COMMISSIONER OF SALES TAX
STATE GOODS AND TAXES DEPARTMENT,MANJERI,
MALAPPURAM DISTRICT, PIN-676121.
3
THE COMMISSIONER
STATE GOODS AND TAXES
DEPARTMENT,THIRUVANANTHAPURAM, PIN-695001.
W.P.(C) No.23258/2018 & Conn. Cases
-36-
4
THE SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF KERALA,SECERTARIAT,
THIRUVANANTHAPURAM,PIN-695001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23854/2018,
WP(C).23453/2018, WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018,
WP(C).19656/2018, WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018,
WP(C).17859/2018, WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018,
WP(C).14859/2018, WP(C).21857/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-37-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 23854 of 2018
PETITIONER/S:
M/S.VOCX MOTORS
AMA BUILDING, KALMANDAPAM,PALAKKAD, REPRESENTED BY
ITS PARTNER MANMADAN.P.
BY ADVS.
SRI.R.PARTHASARATHY
SMT.SEEMA
RESPONDENT/S:
1
THE COMMERCIAL TAX OFFICER IIND CIRCLE
DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD-680 001.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM-695 001.
3
SECRETARY
TAXES DEPARTMENT, GOVERNMENT OF EKRALA,SECRETARIAT,
THIRUVANANTHAPRUAM-695 001.
W.P.(C) No.23258/2018 & Conn. Cases
-38-
4
CENTRAL BOARD OF EXCISE CUSTOMS
DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE,GOVERNMENT OF INDIA, NEW DELHI-110 001.
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).24054/2018, WP(C).23453/2018,
WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018, WP(C).19656/2018,
WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-39-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
WP(C).No. 24054 of 2018
PETITIONER/S:
M/S.WHITE LINE AGENCIES
PALLITHAZHE ROAD, KALPETTA, WAYANAD, REPRESENTED BY
ITS MANAGING PARTNER AUGUSTINE THOMAS.
BY ADVS.
SRI.HARISANKAR V. MENON
SMT.MEERA V.MENON
RESPONDENT/S:
1
THE STATE TAX OFFICER, KALPETTA
STATE GOODS & SERVICES TAX DEPARTMENT,
KALPETTA 673 121.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX
DEPARTMENT,THIRUVANANTHAPURAM 695 001.
3
SECRETARAY
TAXES DEPARTMENT,GOVERNMENT OF KERALA,SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
W.P.(C) No.23258/2018 & Conn. Cases
-40-
ADDL. AG K.K. RAVINDRANATH., SPL. G.P. SRI. C.E.
UNNIKRISHNAN., GP DR. THUSHARA JAMES.,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2019,
ALONG WITH WP(C).23258/2018, WP(C).23854/2018, WP(C).23453/2018,
WP(C).23052/2018, WP(C).20685/2018, WP(C).20258/2018, WP(C).19656/2018,
WP(C).19256/2018, WP(C).18458/2018, WP(C).17860/2018, WP(C).17859/2018,
WP(C).16855/2018, WP(C).16653/2018, WP(C).15252/2018, WP(C).14859/2018,
WP(C).21857/2018, WP(C).23458/2018, WP(C).15056/2018, WP(C).15057/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23258/2018 & Conn. Cases
-41-
J U D G M E N T [ WP(C) 23258/2018 ,WP(C).14859/2018 ,WP(C).15056/2018 ,WP(C).15057/2018 ,WP(C).15252/2018 ,WP(C).16653/2018 ,WP(C).16855/2018 ,WP(C).17859/2018 ,WP(C).17860/2018 ,WP(C).18458/2018 ,WP(C).19256/2018 ,WP(C).19656/2018 ,WP(C).20258/2018 ,WP(C).20685/2018 ,WP(C).21857/2018 ,WP(C).23052/2018 ,WP(C).23453/2018 ,WP(C).23458/2018 ,WP(C).23854/2018 ,WP(C).24054/2018 ] In this batch of writ petitions the petitioners have laid challenge, amongst others, on the ground that Section 174 of the KSGST Act is ultra vires of the State's legislative power or on the ground that the demand is barred by limitation under Section 25(1) of the KVAT Act. In some cases, both the grounds have been taken.
-48- EXHIBIT P6 COPY OF THE LETTER DATED 15/9/2017 FILED BY THE PETITIONER. EXHIBIT P7 COPY OF THE LETTER DATED 27/9/2017 FILED BY THE PETITIONER. EXHIBIT P8 COPY OF NOTICE DATED 17/5/2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 COPY OF INTERIM ORDER DATED 13/4/2018 ISSUED BY THIS HON'BLE COURT IN WPCNO.13552 OF 2018. -49- APPENDIX OF WP(C) 16855/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE NO.32070461905/2012-13 DATED 06.01.2018. EXHIBIT P2OF THE REPLY DATED 06.02.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P3OF THE ASSESSMENT ORDER NO.32071361905/2012-13 DATED 14.03.2018 -50- APPENDIX OF WP(C) 17859/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2013-14 DATED 26-03-2018. EXHIBIT P2 COPY OF ORDER IN WP(C)NO.11335/18 OF THIS HON'BLE COURT DATED 04-04-2018. -51- APPENDIX OF WP(C) 17860/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE MONTH APRIL 2017 DATED ON 24.12.2017, EXHIBIT P1(A) COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE MONTH MAY 2017 DATED ON 24.12.2017. EXHIBIT P1(B) COPY OF ORDER ISSUED BY THE 1ST RESPONDENT FOR THE MONTH JUNE 2017 DATED ON 24.12.2017. EXHIBIT P2 COURT.
-52- APPENDIX OF WP(C) 18458/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER DATED 23.04.2018 FOR THE YEAR 2012-13 ISSUED UNDER SECTION 25 OF THE KAVT ACT. EXHIBIT P2OF THE INTERIM ORDER DATED 4.04.2018 IN W.P.(C) 11335/2018. EXHIBIT P3OF THE INTERIM ORDER DATED 12.04.2018 IN WP(C) 13136/2018. -53- APPENDIX OF WP(C) 19256/2018 PETITIONER'S/S EXHIBITS: EXHIBITP1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2014-15 DATED 11-05-2018 EXHIBIT P2 COURT DATED 04-04-2018 -54- APPENDIX OF WP(C) 19656/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF PRE-ASSESSMENT NOTICE FOR THE YEAR 2011-2012 DATED 17.5.2018 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P2OF ORDER ISSUED BY THIS COURT IN SIMILAR WRIT PETITIONS AND PASSED INTERIM ORDERS IN WPC NO. 13930/2018, DATED 13/4/2018 -55- APPENDIX OF WP(C) 20258/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN FOR THE YEAR 2012-13. EXHIBIT P2 COPY OF ORDER DATED 31.05.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-2013 U/S.
EXHIBIT P2-OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR THE MONTH OF JUNE 2017 (2017-18)
EXHIBIT P3-OF THE DEMAND NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT ISSUED BY 5TH RESPONDENT FOR THE MONTH OF MAY 2017 DATED 26/05/2018. EXHIBIT P4-OF THE DEMAND NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT ISSUED BY 5TH RESPONDENT FOR THE MONTH OF JUNE 2017 DATED 26/05/2018. -57- APPENDIX OF WP(C) 21857/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1.OF ASSESSMENT ORDER DATED 30.05.2018, ISSUED TO PETITIONER BY 1ST RESPONDENT, UNDER SECTION 25 (1) OF THE KVAT ACT FOR 2016-17 PURSUANT TO THE NOTICE DATED 02.03.2018 EXHIBIT P2.OF ASSESSMENT ORDER DATED 30.05.2018, ISSUED TO PETITIONER BY 1ST RESPONDENT, UNDER SECTION 25 (1) OF THE KVAT ACT FOR 2017-18 PURSUANT TO THE NOTICE DATED 02.03.2018 EXHIBIT P3.OF THE INTERIM ORDER DATED 04.04.2018 PASSED BY THIS HON'BLE COURT IN WRIT PETITION (C) NO.11335 OF 2018 IN STAYING FURTHER STEPS ON THE FOOTING OF NOT HAVING LEGISLATIVE COMPLIANCE TO 1ST RESPONDENT AS ON THE DATE OF INITIATING PROCEEDINGS UNDER KVAT ACT 2003 -58- APPENDIX OF WP(C) 23052/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2010-11 DATED 30.5.2018. EXHIBIT P1(A) COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 11.6.2018. EXHIBIT P1(B) COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2012-13 DATED 11.06.2018. EXHIBIT P2 COPY OF ORDER IN WPC NO. 14383/18 OF THIS HON'BLE COURT DATED 27.4.2018. -59- APPENDIX OF WP(C) 23453/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1.OF THE ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT UNDER SEC.25(1) FOR THE YEAR 2013- 2014 DATED 23.05.2018. -60- APPENDIX OF WP(C) 23458/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ORDER OF THE FIRST RESPONDENT DATED, 3/10/2017 AS NO.32100483554/2013-14. EXHIBIT P2OF THE NOTICE OF DEMAND ISSUED BY THE FIRST RESPONDENT DATED 21/10/2017. -61- APPENDIX OF WP(C) 23854/2018 PETITIONER'S/S EXHIBITS: EXT.P1:OF THE PARTNERSHIP DEED DATED 12.12.2005. EXT.P2:OF THE ORDER DATED 31.05.2018. EXT.P3:OF THE DEMAND NOTICE DATED 31.05.2018. EXT.P4:OF THE ORDER DATED 08.06.2018 IN WP(C)NO.18979/2018. -62- APPENDIX OF WP(C) 24054/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2011-12 EXHIBIT P2 COPY OF ORDER IN W.P(C) NO. 14383/18 OF THIS HON'BLE COURT