Medical And Visual Technologies LTD vs. The Deputy Commissioner (Appeals)

WP(C)/350/2021HC KeralaGSTCNR KLHC01000950202107 January 2021Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN4 pages
For Petitioner: SRI.S.JATHIN DAS, SMT.S.SOUMYA ISSACFor Respondent: SMT. THUSHARA JAMES - GP
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Facts

The petitioner, Medical and Visual Technologies Ltd, filed a writ petition before the Kerala High Court seeking a direction to the Deputy Commissioner (Appeals) to take up and dispose of their statutory appeal (Ext.P3) and an Interlocutory Application for stay (Ext.P4) filed under the Kerala Value Added Tax and Rules. The petitioner contended that despite the pending appeal and stay application, steps were being taken to enforce a demand notice (Ext.P2). They prayed for the enforcement to be deferred until the appeal was decided. The State Tax Officer was also a respondent. The Government Pleader submitted that there was no legal impediment to the Deputy Commissioner (Appeals) proceeding with the appeal and stay application.

Held

The Court held that there was no legal impediment for the 1st respondent, the Deputy Commissioner (Appeals), to take up and dispose of the petitioner's statutory appeal (Ext.P3) and consider the stay application (Ext.P4). The Court directed the 1st respondent to take up and dispose of the appeal expeditiously. In the interim, the 1st respondent was directed to consider the stay application and pass appropriate orders thereon as expeditiously as possible, but not later than two months from the date of receipt of a copy of the judgment. The Court further ordered that until orders were issued on the stay application and communicated to the petitioner, all further action based on the demand notice (Ext.P2) would stand deferred.

Key Issues

1. Whether the Court should direct the Deputy Commissioner (Appeals) to take up and dispose of the petitioner's statutory appeal and stay application, and if so, within what timeframe? Petitioner's Contention: The petitioner argued that enforcement action was being taken on a demand notice while their statutory appeal and stay application were pending before the 1st respondent. They sought a direction to defer enforcement until the appeal was decided. Revenue's Contention: The Revenue, through the Government Pleader, submitted that there was no legal impediment for the 1st respondent to take up the appeal and stay application and pass orders thereon. They agreed that this would be done at the earliest and that the demand would not be enforced until a decision was taken on the stay application.

Sections Cited

Not specified

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Heard together (2 matters)

WP(C).No.350 OF 2021
TC 14/14

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THUR AY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942 WP(C).No.350 OF 2021(P) PETITIONER: MEDICAL AND VISUAL TECHNOLOGIES LTD TC 14/1479,PARIS ROAD, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. SRI.S.JATHIN DAS SMT.S.SOUMYA ISSAC RESPONDENTS: 1 THE DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 002. 2 THE STATE TAX OFFICER, 1ST CIRCLE,SGST DEPARTMENT, 4TH FLOOR, TAX TOWER, KARAMANA, THIRUVANANTHAPURAM-695 002. OTHER PRESENT: SMT. THUSHARA JAMES - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.350 OF 2021(P) 2 JUDGMENT Dated this the 7th day of January 2021 The petitioner has approached this Court seeking a direction to the 1st respondent to take up and dispose of Exts.P3 and P4, which are the statutory appeal and Interlocutory Application for stay preferred by him under the provisions of the Kerala Value Added Tax and Rules. According to the petitioner, even though his appeal and application for stay are pending before the 1

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