P.V.Baby vs. Commercial Tax Officer

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WP(C)/3379/2018HC KeralaGSTCNR KLHC01034969201812 February 2018Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR4 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939 WP(C).No. 3379 of 2018 PETITIONER(S) P.V.BABY PROPRIETOR, BABY COMPANY, WADAKKANCHERRY ROAD, KUNNAMKULAM , THRISSUR DISTRICT. BY ADVS.SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.M.RAJAGOPAL RESPONDENT(S): 1. THE COMMERCIAL TAX OFFICER, KUNNAMKULAM, THRISSUR DISTRICT. 2. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, COMMERCIAL TAX OFFICE COMPLEX, POOTHOLE, THRISSUR, PIN-680 004. 3. THE COMMISSIONER, KERALA STATE GOODS AND SERVICES TAX DEPARTMENT, TAX TOWERS, KARAMANA, THIRUVANANTHAPURAM – 695 002. R BY SRI.V.K.SHAMSUDEEN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 3379 of 2018 (V) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1. COPY OF MONTHLY RETURN FOR APRIL, 2017. EXT.P1(a) COPY OF MONTHLY RETURN FOR MAY, 2017. EXT.P2 COPY OF PURCHASE STATEMENT UPLOADED ALONG WITH EXT.P1. EXT.P2(a) COPY OF PURCHASE STATEMENT UPLOADED ALONG WITH EXT.P1(a). EXT.P3. COPY OF LETTER DATED 24/10/2017 ADDRESSED TO THE 2ND RESPONDENT. EXT.P4 COPY OF LETTER DATED 30/10/2017 ADDRESSED TO THE 2ND RESPONDENT. EXT.P5. COPY OF LETTER DATED 5/01/2018 ADDRESSED TO THE 2ND RESPONDENT. EXT.P6. COPY OF CIRCULAR NO.14/17 DATED 21/11/2017 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS - NIL True copy P.A to Judge P.B.SURESH KUMAR, J. ------------------------------------------------------------------ W.P.C.No.3379 of 2018 ------------------------------------------------------------------- Dated this the 12th day of February, 2018

J U D G M E N T Petitioner was an assessee under the Kerala Value Added Tax Act, 2003 (the Act). Ext.P7 is the request made by the petitioner seeking permission to submit revised returns for the months of April, May, August, September and October, 2016 and February, April and May, 2017. Petitioner relies on Ext.P6 circular of the third respondent in support of the request made in Ext.P7. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for consideration, is for a direction to the first respondent to take a decision on Ext.P7 request in the light of Ext.P6 Circular.

2.

Heard the learned counsel for the petitioner as also the learned Government Pleader. Having regard to the facts and circumstances, I deem it appropriate to direct the first respondent to take a decision on Ext.P7 request made by the petitioner in the light of Ext.P6

WPC.3379/18 2 Circular. Ordered accordingly. This shall be done within one month from the date of receipt of a copy of this judgment. (P.B.SURESH KUMAR, JUDGE)P.A to Judge DG

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.