Heard together (2 matters)
WP(C) NO.38069/2017
WP(C)NO.12469 OF 2018
Read from the judgment's own cause title. This page is filed under one of them.
Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940
WP(C).No. 17927 of 2018
PETITIONER(S)
BPL MEDICAL TECHNOLOGIES (P) LTD.,
BPL WORK, PALAKKAD-678 007,
REPRESENTED BY ITS SENIOR MANAGER-COMMERCIAL-
MR.RADHAKRISHNAN V.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT(S):
1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
TAXES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE ASSISTANT SECRETARY,
THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL,
KOZHIKODE-673 001.
3. THE DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,
(CURRENTLY STATE GOODS AND SERVICES TAX DEPARTMENT),
PALAKKAD-678 001.
4. THE ASSISTANT COMMISSIONER (ASSESSMENT),
(CURRENTLY STATE GOODS AND SERVICES TAX DEPARTMENT),
SPECIAL CIRCLE, PALAKKAD-678 001.
5. THE INSPECTING ASSISTANT COMMISSIONER, COMMERCIAL TAXES,
(CURRENTLY STATE GOODS AND SERVICES TAX DEPARTMENT),
PALAKKAD-678 001.
BY SR.GOVERNMENT PLEADER SRI.C.P.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-06-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
04.06.2018
WP(C).No. 17927 of 2018 (M)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER OF ASSESSMENT DATED
29-08-2017 ISSUED BY THE ASSISTANT COMMISSIONER
(ASST.) SPECIAL CIRCLE, PALAKKAD, FOR THE YEAR
2015-16 (CST).
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.38069/2017
DATED 27-11-2017.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 28-02-2018 PASSED
BY THE 3RD RESPONDENT (WITHOUT ANNEXURES).
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN WP(C)NO.12469 OF 2018
DATED 11-04-2018.
EXHIBIT P5 A TRUE COPY OF THE APPEAL MEMORANDUM
(WITHOUT ANNEXURES) DATED 30-04-2018.
EXHIBIT P6 A TRUE COPY OF THE STAY PETITION DATED 30-04-2018
FILED ALONG WITH EXT.P5 APPEAL.
EXHIBIT P7 A TRUE COPY OF THE RECOVERY NOTICE DATED
01-11-2017 ALONG WITH RECOVERY CERTIFICATE
ISSUED BY THE 5TH RESPONDENT.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
04.06.2018
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.17927 of 2018
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Dated this the 1st day of June, 2018
J U D G M E N T Petitioner, as against order in appeal, preferred second appeal before the Tribunal. Petitioner also filed a stay application.
2.In the light of the above, there shall be a direction to the 2nd respondent to dispose of the stay petition within two months. Till the disposal of the stay petition, recovery proceedings based on the order impugned in the appeal, shall stand deferred. The writ petition is disposed of as above. (A.MUHAMED MUSTAQUE, JUDGE)P.A to Judge DG