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. 37324 of 2018
PETITIONER/S:
MAJAN PAUL.C
AGED 38 YEARS
PALAYOOR MOTORS,
VAZHAKKODE.
BY ADVS.
SRI.N.MURALEEDHARAN NAIR
SMT.K.HYMAVATHY
RESPONDENT/S:
1
THE STATE TAX OFFICER-11
DEPARTMENT OF STATE GOODS AND SERVICE TAXES,
WADAKKANCHERY-680 582.
2
THE COMMISSIONER OF STATE TAXES,
TAX TOWER, KILLIPALAM, KARAMANA P.O.,
THIRUVANANTHAPURAM-695002.
3
SECRETARY,
TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
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).30524/2018, WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).33725/2018,
WP(C).33924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37321/2018, WP(C).37323/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & conn.cases 2
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. 30524 of 2018
PETITIONER/S:
SURESH N.,
AGED 44 YEARS
THEKKUVILA PUTHEN VEEDU,NALUMUKKU,KUDAPPANAKKUNNU
PO,THIRUVANANTHAPURAM-695005.
BY ADV. P.S SOMAN PULLADAN
RESPONDENT/S:
1
ASSISTANT COMMISSIONER (WORKS CONTRACT)
STATE GOODS AND SERVICE TAX DEPARTMENT,TAX
TOER,KARAMANA PO,THIRUVANANTHAPURAM -695001.
2
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT, TAX TOWER,
KARAMANA P.O., THIRUVANANTHAPURAM-695 001.
3
THE SECRETARY, TAXES DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4
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
Wpc No.37324/2018 & conn.cases 3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & conn.cases 4
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. 31322 of 2018
PETITIONER/S:
GOKULAM CONSTRUCTIONS
MELANCODE, MUDAVANMUGAL, POOJAPPURA,
THIRUVANANTHAPURAM 695012, REPRESENTED BY ITS
MANAGING PARTNER GOPAKUMAR K.
BY ADVS.
SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.M.RAJAGOPAL
RESPONDENT/S:
1
THE STATE TAX OFFICER
WORKS CONTRACT, TAX TOWERS, KARAMANA,
THIRUVANANTHAPURAM 695002
2
THE DEPUTY COMMISSIONER (APPEALS)
COMMERCIAL TAXES, TAX TOWERS, KARAMANA,
THIRUVANANTHAPURAM-695002.
3
THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
4
UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
REVENUE, MINISTRY OF FINANCE, ROOM NO.46, NORTH
BLOCK, NEW DELHI-110001.
Wpc No.37324/2018 & conn.cases 5
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).33725/2018, WP(C).30524/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & conn.cases 6
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. 31725 of 2018
PETITIONER/S:
MITHRA AGRICULTURAL PRODUCERS COMPANY LTD.
2ND FLOOR, AKSHARA MANDIRAM, MARINE DRIVE,
ERNAKULAM ,KOCHI 682031,(REPRESENTED BY
SRI.HARIKUMAR A.K, CHIEF EXECUTIVE OFFICER)
BY ADVS.
SRI.K.N.SREEKUMARAN
SRI.N.SANTHOSHKUMAR
SRI.P.J.ANILKUMAR (A-1768)
RESPONDENT/S:
1
COMMERCIAL TAX OFFICER
STATE GOODS AND SERVICES TAX DEPARTMENT,KVAT
CIRCLE-III ,CLASS TOWERS, OLD RAILWAY STATION
ROAD,ERNAKULAM,KOCHI 682018.
2
COMMISSIONER OF STATE TAXES,
TAX TOWER, KARAMANA, THIRUVANANTHAPURAM- 695002.
3
STATE OF KERALA,
REPRESENTED BY IT'S SECRETARY TO TAXES,
SECRETARIAT, THIRUVANANTHAPURAM- 695002.
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).33725/2018, WP(C).30524/2018,
WP(C).31322/2018, WP(C).32923/2018, WP(C).32924/2018,
WP(C).34721/2018, WP(C).34723/2018, WP(C).34923/2018,
WP(C).33924/2018, WP(C).35121/2018, WP(C).35321/2018,
WP(C).35324/2018, WP(C).35924/2018, WP(C).36121/2018,
WP(C).37123/2018, WP(C).37125/2018, WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 32923 of 2018
PETITIONER/S:
BASE MEDICAL SYSTEMS
CALICUT ROAD, MUNDUMUZHI, VAZHAKKAD P.O.,
EDAVANAPPARA, MALAPPURAM - 673640, REPRESENTED BY
ALI AKBAR, PROPRIETOR, BASE MEDICAL SYSTEMS.
BY ADVS.
SRI.K.M.CHERIAN
SRI.R.RAMAKRISHNAN POTTY
SRI.V.P.SABU
RESPONDENT/S:
1
THE STATE TAX OFFICER (IB.II)
DEPARTMENT OF STATE GOODS AND SERVICES TAX, TAX
COMPLEX, CHINNAKKADA, KOLLAM - 691 013.
2
THE COMMISSIONER,
DEPARTMENT OF STATE GOODS AND SERVICES TAX,
THIRUVANANTHAPURAM-695 001.
3
THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF TAXES,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4
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).33725/2018, WP(C).30524/2018, WP(C).31322/2018,
WP(C).31725/2018, WP(C).32924/2018, WP(C).34721/2018,
WP(C).34723/2018, WP(C).34923/2018, WP(C).33924/2018,
WP(C).35121/2018, WP(C).35321/2018, WP(C).35324/2018,
WP(C).35924/2018, WP(C).36121/2018, WP(C).37123/2018,
WP(C).37125/2018, WP(C).37323/2018, WP(C).37321/2018,
WP(C).37324/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & conn.cases 8
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. 32924 of 2018
PETITIONER/S:
G. SURESH
AGED 52 YEARS
AMC. 18/157, SUNITHA BHAVAN, AVANAVANCHERRY,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN 695103
BY ADVS.
SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.M.RAJAGOPAL
RESPONDENT/S:
1
THE ASSISTANT COMMISSIONER (WORKS CONTRACT)
SGST DEPARTMENT, 2ND FLOOR, TAX TOWERS, KARAMANA,
THIRUVANANTHAPURAM, PIN 695002
2
THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, TAXES DEPOARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
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).33725/2018, WP(C).30524/2018, WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018,
WP(C).37324/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 33725 of 2018
PETITIONER/S:
SATHISH VENUGOPAL
AGED 35 YEARS
PROPRIETOR,
M/S FORTUNE HOMES, TC 19/397,
SUMANGALATHU HOUSE, VATTAVILA
THIRUMALA P.O., THIRUVANANTHAPURAM
BY ADVS.
SRI.P.S.SOMAN
SMT.T.RADHAMANY
SRI.B.PRABHAKARAN
RESPONDENT/S:
1
STATE TAX OFFICER (IB) - I
STATE GOODS AND SERVICE TAX DEPARTMENT
TAX TOWER, KARAMANA P.O.,
THIRUVANANTHAPURAM- 695002
2
STATE TAX OFFICER (WORKS CONTRACT)
STATE GOODS AND SERVICE TAX DEPARTMENT TAX TOWER,
KARAMANA P.O, THIRUVANANTHAPURAM-695 002
3
THE COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT, TAX TOWER,
KARAMANA P.O, THIRUVANANTHAPURAM-695 001
4
THE 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
Wpc No.37324/2018 & conn.cases 10
6
DEPUTY TAHSILDAR
TALUK OFFICE, FORT P.O, THIRUVANANTHAPURAM-695 005
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).30524/2018, WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 33924 of 2018
PETITIONER/S:
SUPREME STATIONERY
P P S BUILDING, MEENANGADI, WAYANAD-673591,
REPRESENTED BY KOONCHALIL SIYAD, PROPRIETOR,
SUPREME STATIONERY
BY ADVS.
SRI.K.M.CHERIAN
SRI.P.M.GIRIJAVALLABHAN
SRI.R.RAMAKRISHNAN POTTY
RESPONDENT/S:
1
THE STATE TAX OFFICER
DEPARTMENT OF STATE GOODS AND SERVICES TAX, MAIN
ROAD, KALPETTA-673121
2
THE COMMISSIONER,
DEPARTMENT OF STATE GOODS AND SERVICES TAX,
THIRUVANANTHAPURAM 695 002
3
THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF TAXES,
SECRETARIAT, THIRUVANANTHAPURAM 695 001
4
CENTRAL BOARD OF EXCISE AND CUSTOMS,
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NEW DELHI 110 001
BY ADV. SMT.SHEELA DEVI.I., SC, CENTRAL BOARD OF
EXCISE AND CUSTOMS
ADDL. AG K.K. RAVINDRANATH.,
SPL. G.P. SRI. C.E. UNNIKRISHNAN.,
GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
Wpc No.37324/2018 & conn.cases 12
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 34721 of 2018
PETITIONER/S:
N.M. BASHEER
AGED 38 YEARS
PROPRIETOR,
N M BROTHERS,
CHEEMENI P.O,
KASARAGOD-671313
BY ADVS.
SRI.K.N.SREEKUMARAN
SRI.N.SANTHOSHKUMAR
SRI.P.J.ANILKUMAR (A-1768)
RESPONDENT/S:
1
ASSISTANT COMMISSIONER
STATE GOODS AND SERVICE TAX DEPARTMENT,
KASARAGOD-671552
2
COMMISSIONER OF STATE TAXES
TAX TOWER, KARAMANA, THIRUVANANTHAPURAM - 695002.
3
STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO TAXES, SECRETARIAT,
THIRUVANANTHAPURAM - 695002.
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).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & conn.cases 14
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. 34723 of 2018
PETITIONER/S:
THALUKANDATHIL JEWELLERS
IRITTY, KANNUR DISTRICT, 670703, REPRESENTED BY ITS
PROPRIETOR K.M.SCARIACHAN.
BY ADVS.
SMT.M.K.HAJARA
SRI.C.RAMACHANDRAN
RESPONDENT/S:
1
STATE TAX OFFICER
S.G.S.T DEPARTMENT, KOOTHUPARAMBA, 670643
2
INSPECTING ASSISTANT COMMISSIONER
COMMERCIAL, TAX DEPARTMENT -SGST, KANNUR-670703.
3
THE STATE OF KERALA REPRESENTED
BY ITS SECRETARY TO TAXES, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4
THE CENTRAL BOARD OF INDIRECT TAXES
CUSTOMS REPRESENTED BY ITS CHAIRMAN, DEPARTMENT OF
REVENUE, NORTH BLOCK, NEW DELHI-110001.
5
THE UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF
FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW
DELHI-110001.
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
Wpc No.37324/2018 & conn.cases 15
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & conn.cases 16
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. 34923 of 2018
PETITIONER/S:
M/S KANNADI SERVICE CO-OPERATIVE BANK LTD.,
BUILDING NO. F,1572, KANNADI P.O, PALAKKAD 678701,
REPRESENTED BY ITS SECRETARY, SURESH .V
BY ADVS.
SRI.N.MURALEEDHARAN NAIR
SMT.K.HYMAVATHY
RESPONDENT/S:
1
STATE TAX OFFICER
STATE GOODS AND SERVICE TAX DEPARTMENT, 1ST CIRCLE,
PALAKKAD 678001
2
THE COMMISSIONER OF STATE TAXES,
TAX TOWER,
KILLIPALAM,
KARAMANA P.O.,
THIRUVANANTHAPURAM 695002
3
SECRETARY,
TAXES DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM 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).33725/2018, WP(C).30524/2018,
WP(C).31322/2018, WP(C).31725/2018, WP(C).32923/2018,
WP(C).32924/2018, WP(C).34721/2018, WP(C).34723/2018,
WP(C).33924/2018, WP(C).35121/2018, WP(C).35321/2018,
WP(C).35324/2018, WP(C).35924/2018, WP(C).36121/2018,
WP(C).37123/2018, WP(C).37125/2018, WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 35121 of 2018
PETITIONER/S:
PEREPPADANS GOLD PARK
KAIRALI TOWERS, SOORYA ROAD, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING PARTNER JINTO P GEORGE
BY ADVS.
SRI.S.ANIL KUMAR (TRIVANDRUM)
SRI.M.RAJAGOPAL
RESPONDENT/S:
1
ASSISTANT COMMISSIONER (ASSESSMENT)
SGST DEPARTMENT, SPECIAL CIRCLE, TAX TOWERS,
KARMANA, THIRUVANANTHAPURAM, PIN 695002
2
THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
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.,
Wpc No.37324/2018 & conn.cases 18
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 35321 of 2018
PETITIONER/S:
M/S KAVUNKAL GRANITES (P) LTD.
MALAYALAPUZHA-ERAM-P.O, PATHANAMTHITTA REPRESENTED
BY ITS MANAGING DIRECTOR SRI.SABU KURIAKOSE.
BY ADVS.
SRI.AJI V.DEV
SMT.O.A.NURIYA
SRI.ALAN PRIYADARSHI DEV
RESPONDENT/S:
1
THE AGRICULTURAL INCOME TAX AND STATE TAX OFFICER
STATE GOODS AND SERVICE TAXES, RANNY-686101.
2
THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO TAXES, SECRETARIAT,
THIRUVANANTHAPURAM - 695 002.
3
THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
REPRESENTED BY ITS CHAIRMAN, DEPARTMENT OF REVENUE,
NORTH BLOCK, NEW DELHI - 110001.
4
THE UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF
FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW
DELHI - 110001.
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
Wpc No.37324/2018 & conn.cases 20
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 35324 of 2018
PETITIONER/S:
GREENBAY SAFETY AND SECURITY SOLUTIONS P.LTD.,
5/2932, ROOM NO.14-15, 3RD FLOOR, CD TOWER,
KOZHIKODE - 673 004, REPRESENTED BY FAIZAL M.A.,
MANAGING DIRECTOR, GREENBAY SAFETY AND SECURITY
SOLUTIONS (P) LTD.
BY ADVS.
SRI.K.M.CHERIAN
SRI.R.RAMAKRISHNAN POTTY
SRI.V.P.SABU
RESPONDENT/S:
1
THE STATE TAX OFFICER,
WORKS CONTRACT, OFFICE OF THE DEPUTY COMMISSIONER,
DEPARTMENT OF STATE GOODS AND SERVICE TAX, SALES
TAX COMPLEX BUILDING, JAWAHAR NAGAR COLONY,
ERANHIPALAM, KOZHIKODE - 673 006.
2
THE COMMISSIONER,
DEPARTMENT OF STATE GOODS AND SERVICES TAX,
THIRUVANANTHAPURAM-695002.
3
THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF TAXES,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
4
CENTRAL BOARD OF EXCISE
AND CUSTOMS, DEPARTMENT OF REVENUE, MINISTRY OF
FINANCE, GOVERNMENT OF INDIA,
NEW DELHI-110001.
ADDL. AG K.K. RAVINDRANATH.,
SPL. G.P. SRI. C.E. UNNIKRISHNAN.,
GP DR. THUSHARA JAMES.,
SR. SC. SRI. SREELAL N. WARRIER
Wpc No.37324/2018 & conn.cases 22
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 35924 of 2018
PETITIONER/S:
SEBASTIAN M.K
AGED 42 YEARS
PROPRIETOR, M/S C-MOSE, MANIMALA ROAD, MYTHRI
NAGAR, EDAPPALLY, ERNAKULAM-682024.
BY ADV. SRI.BOBBY JOHN
RESPONDENT/S:
1
THE COMMISSIONER OF STATE GOODS AND SERVICE TAX
DEPARTMENT
KERALA, TAX TOWER, KILLIPPALAM, KARAMANA,
THIRUVANANTHAPURAM-PI-695001.
2
STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
3
THE COMMERCIAL TAX OFFICER,
FIRST CIRCLE, KALAMASSERY, STATE GOODS AND SERVICE
TAX DEPARTMENT, AT CIVIL STATION, KAKKANAD,
ERNAKULAM- 682 030.
4
UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT, FINANCE
DEPARTMENT(REVENUE), CENTRAL SECRETARIAT, 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.,
Wpc No.37324/2018 & conn.cases 24
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 36121 of 2018
PETITIONER/S:
VELIYATH AGRO INDUSTRIES PRIVATE LIMITED
TEMPLE ROAD, CHERANALLOOR P.O, ERNAKULAM-682034,
REPRESENTED BY ITS AUTHORISED SIGNATORY SRI.HYDER
ALI.
BY ADV. SRI.K.S.HARIHARAN NAIR
RESPONDENT/S:
1
THE STATE TAX OFFICER
GOODS AND SERVICES TAX DEPARTMENT, 3RD CIRCLE,
ERNAKULAM -682018.
2
THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY
GOVERNMENT,TAXES DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
3
UNION OF INDIA
REPRESENTED BY ITS SECRETARY,DEPARTMENT OF
REVENUE,MINISTRY OF FINANCE,ROOM NO.46,NORTH
BLOCK,NEW DELHI-110001.
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.,
Wpc No.37324/2018 & conn.cases 26
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018, WP(C).31725/2018, WP(C).32923/2018,
WP(C).32924/2018, WP(C).34721/2018, WP(C).34723/2018,
WP(C).34923/2018, WP(C).33924/2018, WP(C).35121/2018,
WP(C).35321/2018, WP(C).35324/2018, WP(C).35924/2018,
WP(C).37123/2018, WP(C).37125/2018, WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 37123 of 2018
PETITIONER/S:
M/S. HITECH SOLUTIONS
MUNDUR, THRISSUR, REPRESENTED BY SHAHULHAMEED,
MANAGING PARTNER.
BY ADVS.
SRI.JOSE JOSEPH
SMT.ALEENA MARIA JOSE
RESPONDENT/S:
1
THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2
THE COMMISSIONER OF STATE TAXES
TAX TOWER, KILLIPAPAM, KARAMANA P.O.,
THIRUVANANTHAPURAM - 695 002.
3
THE STATE TAX OFFICER
THIRD CIRCLE, SGST COMPLEX, POOTHOLE, THRISSUR -
680 002.
4
THE UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NEW
DELHI - 110001.
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.,
Wpc No.37324/2018 & conn.cases 28
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37125/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 37125 of 2018
PETITIONER/S:
M/S BAY SHORE SEA WOOD CRAFTS
36/1934G,
OPPOSITE EXPRESS GARDEN,
1 ST FLOOR,
K.K.ROAD,
KALOOR,
REPRESENTED BY SRI.TAJAN CYRIL,
AGED 56 YEARS,
S/O K.L.CYRIL,
KALIYATAH HOUSE,
KANIYAVELI ROAD,
VENNALA P.O,
KOCHIN 682028
BY ADVS.
SRI.ALEX.M.SCARIA
SMT.SARITHA THOMAS
RESPONDENT/S:
THE STATE TAX OFFICER
OFFICE OF THE ASSISTANT COMMISIONER(WC),
DEPARTMENT OF STATE GOODS AND SERVICE TAX,
CLASS TOWER,
OLD RAILWAY STATION ROAD,
ERNAKULAM - 682018.
ADDL. AG K.K. RAVINDRANATH.,
Wpc No.37324/2018 & conn.cases 30
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).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37323/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 37321 of 2018
PETITIONER/S:
A.J. SCARIA
AGED 74 YEARS
ARANGATHU HOUSE, ARUMANOOR, KOTTAYAM
BY ADVS.
SRI.AJI V.DEV
SMT.O.A.NURIYA
SRI.ALAN PRIYADARSHI DEV
RESPONDENT/S:
1
THE STATE OFFICER (WC)
SGST DEPARTMENT, KOTTAYAM 686 001
686001
2
THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO TAXES, SECRETARIAT,
THIRUVANANTHAPURAM-695001
695001
3
THE CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS.
REPRESENTED BY ITS CHAIRMAN, DEPARTMENT OF REVENUE,
NORTH BLOCK, NEW DELHI-110001.
110001
4
THE UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF
FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW
Wpc No.37324/2018 & conn.cases 32
DELHI-110001
110001
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).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37323/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & 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. 37323 of 2018
PETITIONER/S:
M/S.SWAMINATHAN JEWELLERS,
THENGUVILAKATHU, NEDUMANGAD P.O., PIN- 695541,
REPRESENTED BY ITS PROPRIETOR SRI.P. SWAMINATHAN.
BY ADV. SRI.SOJAN JAMES
RESPONDENT/S:
1
THE STATE TAX OFFICER,
STAT GOODS AND SERVICES TAX DEPARTMENT, NEDUMANGAD-
695541.
2
THE COMMISSIONER,
STATE GOODS AND SERVICE TAX DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
3
THE SECRETARY, TAXES DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
4
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
Wpc No.37324/2018 & conn.cases 34
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.01.2019, ALONG WITH WP(C).33725/2018, WP(C).30524/2018,
WP(C).31322/2018,
WP(C).31725/2018,
WP(C).32923/2018,
WP(C).32924/2018,
WP(C).34721/2018,
WP(C).34723/2018,
WP(C).34923/2018,
WP(C).33924/2018,
WP(C).35121/2018,
WP(C).35321/2018,
WP(C).35324/2018,
WP(C).35924/2018,
WP(C).36121/2018,
WP(C).37123/2018,
WP(C).37125/2018,
WP(C).37321/2018, WP(C).37324/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Wpc No.37324/2018 & conn.cases 35
JUDGMENT [ WP(C) 37324/2018 ,WP(C).30524/2018 ,WP(C).31322/2018 ,WP(C).31725/2018 ,WP(C).32923/2018 ,WP(C).32924/2018 ,WP(C).33725/2018 ,WP(C).33924/2018 ,WP(C).34721/2018 ,WP(C).34723/2018 ,WP(C).34923/2018 ,WP(C).35121/2018 ,WP(C).35321/2018 ,WP(C).35324/2018 ,WP(C).35924/2018 ,WP(C).36121/2018 ,WP(C).37123/2018 ,WP(C).37125/2018 ,WP(C).37321/2018 ,WP(C).37323/2018 ] 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.
Wpc No.37324/2018 & conn.cases 36 APPENDIX OF WP(C) 37324/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSEMTN ORDER PASSED BY IST RESPONDENT FOR THE YEAR 2015-16 DATED 29.9.2018. EXHIBIT P2OF THE DEMAND NOTICE IN FORM NO.12 ISSUED BY IST RESPONDENT DATED 29.9.2018. Wpc No.37324/2018 & conn.cases 37 APPENDIX OF WP(C) 30524/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE ASSESSMENT NOTICE NO.32011337531/2012-13 DATED 26.06.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.11335/2018 DATED 04.04.2018. Wpc No.37324/2018 & conn.cases 38 APPENDIX OF WP(C) 31322/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ASSESSMENT ORDER DATED 31.10.2017 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2014-15. EXHIBIT P1 A COPY OF ASSESSMENT ORDER DATED 31.10.2017 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P2 COPY OF ORDER DATED 28.4.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552 OF 2018. Wpc No.37324/2018 & conn.cases 39 APPENDIX OF WP(C) 31725/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO.32070362275/APRIL 2017 DATED 30.04.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2OF THE ASSESSMENT ORDER NO.32070362275/MAY 2017 DATED 30.04.2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3OF THE ASSESSMENT ORDER NO.32070362275/JUNE 2017 DATED 30.04.2018 ISSUED BY THE 1ST RESPONDENT.
Wpc No.37324/2018 & conn.cases 40 APPENDIX OF WP(C) 32923/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PENALTY ORDER CR.39/17- 18(2014-15) DATED 31.03.2018. EXHIBIT P2OF THE PENALTY ORDER NO.CR.61/17- 18(15-16) DATED 31.03.2018. Wpc No.37324/2018 & conn.cases 41 APPENDIX OF WP(C) 32924/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF NOTICE DATED 29.6.2018 ISSUED BY THE IST RESPONDENT U/S. 25(1) FOR THE YEAR 2011-12. EXHIBIT P1 A COPY OF NOTICE DATED 29.6.2018 ISSUED BY THE IST RESPONDENT U/S. 25(1) FOR THE YEAR 2012-13. EXHIBIT P1 B COPY OF NOTICE DATED 29.6.2018 ISSUED BY THE IST RESPONDENT U/S. 25(1) FOR THE YEAR 2013-14. EXHIBIT P1 C COPY OF NOTICE DATED 29.6.2018 ISSUED BY THE IST RESPONDENT U/S. 25(1) FOR THE YEAR 2014-15. EXHIBIT P1 D COPY OF NOTICE DATED 29.6.2018 ISSUED BY THE IST RESPONDENT U/S. 25(1) FOR THE YEAR 2015-16. EXHIBIT P1 E COPY OF NOTICE DATED 29.6.2018 ISSUED BY THE IST RESPONDENT U/S. 25(1) FOR THE YEAR 2016-17. EXHIBIT P2 COPY OF COMMON REPLY DATED 13.7.2018 FILED BY THE PETITIONER. EXHIBIT P3 COPY OF NOTICE DATED 25.9.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2011-12. EXHIBIT P3 A COPY OF NOTICE DATED 25.9.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2012-13. EXHIBIT P3 B COPY OF NOTICE DATED 25.9.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2013-14. EXHIBIT P3 C COPY OF NOTICE DATED 25.9.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2014-15. EXHIBIT P3 D COPY OF NOTICE DATED 25.9.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2015-16. EXHIBIT P3 E COPY OF NOTICE DATED 25.9.2018 ISSUED BY THE IST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P4 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552 OF 2018. Wpc No.37324/2018 & conn.cases 42 APPENDIX OF WP(C) 33725/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PENALTY ORDER NO. CR. 08/15-16(14-15)/A1/STO (IB)/TVM/DATED 13.3.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE YEAR 2014-15 EXHIBIT P1 AOF THE PENALTY ORDER NO.CR. 08/15-16/A1/STO(IB)/TVM/DATED 13.3.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE YEAR 2015-16. EXHIBIT P2OF THE ASSESSMENT ORDER NO. 32011324694/2014-15 DATED 30.6.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE YEAR 2014-15 EXHIBIT P2 AOF THE ASSESSMENT ORDER NO. 32011324694/2015-16 DATED 30.6.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE YEAR 2015-16. EXHIBIT P3OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 11335/2018 DATED 04.04.2018 EXHIBIT P4OF THE REVENUE RECOVERY NOTICE NO. 2018/6080/01 DATED 26.05.2018 ISSUED BY THE 6TH RESPONDENT DEMANDING THE PAYMENT OF THE PENALTY AMOUNT IN EXHIBIT P1 ORDER. EXHIBIT P4 AOF THE REVENUE RECOVERY NOTICE NO. 2018/6039/01 DATED 26.05.2018 ISSUED BY THE 6TH RESPONDENT DEMANDING THE PAYMENT OF THE PENALTY AMOUNT IN EXHIBIT P1(A) ORDER.
Wpc No.37324/2018 & conn.cases 43 APPENDIX OF WP(C) 33924/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE PRE-ASSESSMENT NOTICE NO. 32140498601/14-15 DATED 07-09-2018 EXHIBIT P2OF THE PRE-ASSESSMENT NOTICE NO. 3214498601/15-16 DATED 07-09-2018 EXHIBIT P3OF THE PRE-ASSESSMENT NOTICE NO. 32140498601/16-17 DATED 07-09-2018
Wpc No.37324/2018 & conn.cases 44 APPENDIX OF WP(C) 34721/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO. 32130678598/2016-17 DATED 01.09.2018 ISSUED BY THE IST RESPONDENT.
Wpc No.37324/2018 & conn.cases 45 APPENDIX OF WP(C) 34723/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE ASSESSMENT ORDER ISSUED FOR THE YEAR 2012-13 DATED 30-06-2018. EXHIBIT P2 AOF THE REVENUE RECOVERY NOTICE FOR THE YEAR 2012-13 DATED 05-10-2018. EXHIBIT P3 AOF INTERIM ORDER IN WP(C)NO.13930/18 DATED .13/04/2018. Wpc No.37324/2018 & conn.cases 46 APPENDIX OF WP(C) 34923/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE NOTICE UNDER SECTION 25 (1) OF THE KVAT ACT ISSUED BY 1ST RESPONDENT FOR THE YEAR 2011-12 DATED 09.10.2018
Wpc No.37324/2018 & conn.cases 47 APPENDIX OF WP(C) 35121/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ORDER DATD 31.3.2018 ISSUED BY THE IST RESPONDENT UNDER SECTION 25(1) FOR THE YEAR 2014-15. EXHIBIT P2 COPY OF INTERIM ORDER DATED 13.4.2018 ISSUED BY THIS HON'BLE COURT IN WPC NO.13552 OF 2018. Wpc No.37324/2018 & conn.cases 48 APPENDIX OF WP(C) 35321/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE PRE-ASSESSMENT NOTICE ISSUED FOR 2015-16 DATED 11.09.2018. Wpc No.37324/2018 & conn.cases 49 APPENDIX OF WP(C) 35324/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER NO.32111585965/2012-13 DATED 30.8.2018. Wpc No.37324/2018 & conn.cases 50 APPENDIX OF WP(C) 35924/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE SAID NOTICE DATED 26/03/2018 FOR THE YEAR 2015-16 PASSED BY THE 3RD RESPONDENT. EXHIBIT P2OF THE INTERIM ORDER DATED 04/04/2018 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.11335 OF 2018. EXHIBIT P2 AOF THE INTERIM ORDER DATED 03/10/2018, PASSED BY THIS HONOURABLE COURT IN WP(C) NO.32076/2018. Wpc No.37324/2018 & conn.cases 51 APPENDIX OF WP(C) 36121/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF ANNUAL RETURN FILED BY THE PETITIONER FOR THE YEAR 2016-17 DATED 16.05.2018. EXHIBIT P2 COPY OF THE NOTICE DATED 05.04.2018 ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2016-17. EXHIBIT P3 COPY OF THE REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24.04.2018 EXHIBIT P4 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT DATED 14.09.2018 FOR THE YEAR 2016-17. EXHIBIT P5 COPY OF INTERIM ORER DATED 13.04.2018 ISSUED BY THIS HON'BLE COURT IN W.P(c)NO.13552 OF 2018. Wpc No.37324/2018 & conn.cases 52 APPENDIX OF WP(C) 37123/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER UNDER SECTION 25 OF THE KVAT ACT FOR THE YEAR 2016-17 DATED 01.09.2018. Wpc No.37324/2018 & conn.cases 53 APPENDIX OF WP(C) 37125/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE NOTICE DATED 27/11//2017 BEARING NO. 32072064445/11-12 AND 12-13. EXHIBIT P2 THE TRUE PRINTOUT OF THE RETURN IN RESPECT OF THE FINANCIAL YEAR 2012-13 FILED BY THE PETITIONER. EXHIBIT P3OF THE INTERIM ORDER IN WP(C) 18627/18. EXHIBIT P4OF THE NOTICE DATED 05/10/2018 BEARING NO. 32072064445/12-13. EXHIBIT P5OF THE INTERIM ORDER WP(C) N0. 11335 OF 2018. Wpc No.37324/2018 & conn.cases 54 APPENDIX OF WP(C) 37321/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE PROCEEDINGS OF ASSESSMENT U/S. 25(1) FOR THE YEAR 2014-15 DATED 31-10-2018 EXHIBIT P1(A) AOF THE PROCEEDINGS OF ASSESSMENT U/S. 25(1) FOR THE YEAR 2015-16 DATED 31-10-2018. Wpc No.37324/2018 & conn.cases 55 APPENDIX OF WP(C) 37323/2018 PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE ASSESSMENT ORDER FOR THE YEAR 2011-12 DATED 29.09.2018. EXHIBIT P2OF THE ASSESSMENT ORDER FOR THE YEAR 2012-13 DATED 29.09.2018. EXHIBIT P3OF THE ASSESSMENT ORDER FOR THE YEAR 2014-15 DATED 29.09.2018. EXHIBIT P4OF THE ASSESSMENT ORDER FOR THE YEAR 2015-16 DATED 29.09.2018. Css/