Kerala High Court
George Michael Associates vs The State Tax Officer (Works ... on 3 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944
WP(C) NO. 42110 OF 2022
PETITIONER/S:
M/S GEORGE MICHAEL ASSOCIATES
CIN: U45200KL2011PTC.28627
T.C.13/109 (2), NALUNUKKU
PETTAH P.O. , THIRUVANTHAPURAM,
REPRESENTED BY ITS DIRECTOR,
RAVINDRA GEORGE PEREIRA., PIN - 625024
BY ADVS.
G.HARIKUMAR (GOPINATHAN NAIR)
AKHIL SURESH
ANU BALAKRISHNAN NAMBIAR
ATHUL M.V.
RESPONDENT/S:
1 THE STATE TAX OFFICER (WORKS CONTRACT)
KSGST DEPARTMENT,
2NDFLOOR, TAX TOWER, KARAMANA PO
THIRUVANANTHAPURAM, PIN - 695002
2 ASSISTANT COMMISSIONER (INT)
OFFICE OF ASSISTANT COMMISSIONER OF STATE TAX
(INTELLIGENCE),
MOBILE SQUAD NO. IV, STATE GST DEPARTMENT,
NEW PUBLIC OFFICE BUILDINGS,
`C' BLOCK, OPPOSITE MUSEUM
THIRUVANANTHAPURAM, PIN - 695033
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO TAXES,
SECRETARIAT, MAIN BLOCK,
THIRUVANANTHAPURAM, PIN - 695001
ADV. THUSHARA JAMES (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.01.2023, ALONG WITH WP(C).41219/2022 AND W.P.(C) 21554/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.42110, 41219 & 21554 OF 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944
WP(C) NO. 41219 OF 2022
PETITIONER/S:
M/S GEONGE MICHAEL ASSOCIATES
CIN: U452COKL2011 PTC28627
T.C. 13/109 (2), NALUMUKKU
PETTAH P. O. , THIRUVANTHAPRAM
REPRESENTED BY ITS DIRECTOR
RAVINDRA GEONGE PEREIRA, PIN - 625024
BY ADVS.
G.HARIKUMAR (GOPINATHAN NAIR)
AKHIL SURESH
RESPONDENT/S:
1 THE STATE TAX OFFICER (WORKS CONTRACT)
KSGST DEPARTMENT,
2 NDFLOOR, TAX TOWER, KARAMANA PO
THIRUVANANTHAPURAM, PIN - 695002
2 ASSISTANT COMMISSIONER (INT)
OFFICE OF ASSISTANT COMMISSIONER OF STATE TAX
(INTELLIGENCE)
MOBILE SQUAD NO. IV, STATE GST DEPARMENT,
NEW PUBLIC OFFICE BUILDINGS,
`C' BLOCK, OPPOSITE MUSEUM
THIRUVANANTHAPURAM-, PIN - 695033
3 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF KERALA,
PIN - 682031
SMT. THUSHARA JAMES, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.01.2023, ALONG WITH WP(C).42110/2022 & W.P.(C) 21554/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944
WP(C) NO. 21554 OF 2022
PETITIONER/S:
GEORGE MICHAEL ASSOCIATES
T.C. 13/109 (2), NALUMUKKU, PETTAH P.O.,
THIRUVANANTHAPURAM-695024, REPRESENTED BY ITS MANAGING
PARTNER, RAVINDRA GEORGE PEREIRA.
BY ADV G.HARIKUMAR (GOPINATHAN NAIR)
RESPONDENT/S:
1 THE STATE TAX OFFICER (WORKS CONTRACT)
KSGST DEPARTMENT, 2ND FLOOR, TAX TOWERS, KARAMANA -
P.O., THIRUVANANTHAPURAM - 695002.
2 THE ASSISTANT COMMISSIONER (INTELLIGENCE),
KSGST DEPARTMENT, SPECIAL SQUAD-IV, PUBLIC OFFICE
BUILDINGS, VIKAS BHAVAN-P.O., THIRUVANANTHAPURAM -
695033.
3 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO TAXES, SECRETARIAT,
MAIN BLOCK, THIRUVANANTHAPURAM - 695001.
4 THE DEPUTY TAHSILDAR,
TALUK OFFICE, EAST FORT, PAZHAVANGADI,
THIRUVANANTHAPURAM-695023.
SMT. THUSHARA JAMES, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.01.2023, ALONG WITH WP(C).42110/2022 & W.P.(C)41219/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.42110, 41219 & 21554 OF 2022 4
JUDGMENT
[WP(C) Nos.42110/2022, 41219/2022, 21554/2022 ]
These writ petitions have been filed, challenging orders
of assessment and orders imposing penalty on the petitioner
in these petitions, for the assessment years 2012-13 and
2013-14. These orders are impugned mainly on the ground
that they are issued beyond the period specified in Section
25(1) of the Kerala Value Added Tax Act.
2. When the mattes are taken up for consideration
today, it is common case that the issue now stands covered by
the Division Bench Judgment of this Court in State Tax
Officer, Ernakulam & Others V. Baiju A. A. & Others
[Manu/KE/2522/2022].
3. Learned counsel appearing for the petitioner in
these petitions would submit that the issue as to whether the
penalty could have been imposed is also a subject matter of
the decision of this Court in MCP Enterprises and Ors. V.
State of Kerala and Others [2020(2) KLT 295].
4. Learned Senior Government Pleader would submit
that since the question as to whether the orders of
WP(C) Nos.42110, 41219 & 21554 OF 2022 5
assessment and penalty have been issued beyond the time
specified in Section 25(1) of the KVAT Act has to be
determined at least at the first instance by the concerned
officer.
5. Considering the fact that the issues appear to be
covered by the law laid down in Baiju A.A (supra) and MCP
Enterprises (supra), the impugned assessment/penalty
orders in these cases are set aside and the matters are
remanded for the consideration of the 1 st respondent, who
shall consider the question as to whether the orders of
assessment and the orders imposing penalty can be justified
in terms of the law laid down by this Court in Baiju A.A
(supra) and MCP Enterprises (supra). The 1st respondent
shall endeavour to pass fresh orders, after taking into
consideration the decisions referred to above, within a period
of two months from the date of receipt of a certified copy of
this judgment. The petitioner shall mark appearance before
the 1st respondent at 11.00 AM on 09.01.2023 either in person
or through the authorised representative. The 1 st respondent
shall, thereafter, pass fresh orders as directed above and
within the time specified above.
WP(C) Nos.42110, 41219 & 21554 OF 2022 6
These writ petitions stand disposed of with the aforesaid
directions.
sd/-
GOPINATH P.
JUDGE
ajt
WP(C) Nos.42110, 41219 & 21554 OF 2022 7
APPENDIX OF WP(C) 41219/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF NOTICE U/S 67 (1) DATED
04.12.2020.
Exhibit P2 TRUE COPY OF REPLY DATED 11.01.2021
Exhibit P3 TRUE COPY OF ORDER NO.-CR-VAT/SQ.IV/01/20- 21
(2013-14) DATED 17.02.2021.
Exhibit P4 TRUE COPY OF THE PRE-ASSESSMENT NOTICE DATED
15.03.2021 UNDER SEE. 25(1) OF THE KVAT ACT
FOR THE YEAR 2013-14
Exhibit P5 TRUE COPY OF THE DETAIL REPLY DATED
13.04.2021 AGAINST EXBT-P I NOTICE FOR 2013-
Exhibit P6 TRUE COPY OF ORDER NO. 32011303994/2013-14
DATED 15.04.2021
Exhibit P7 TRUE COPY OF THE ORDER IN W.P (C) 21554 OF
2022 DATED 01.07.2022
WP(C) Nos.42110, 41219 & 21554 OF 2022 8
APPENDIX OF WP(C) 42110/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF NOTICE U/S 67 (I) DATED
04.12.2020.
Exhibit P2 TRUE COPY OF REPLY DATED 11.01.2021.
Exhibit P3 TRUE COPY OF ORDER NO.-CR-VAT/SQ.IV/01/20- 21
(2012-13) DATED 17.02.2021.
Exhibit P4 TRUE COPY OF THE PRE-ASSESSMENT NOTICE DATED
15.03.2021 UNDER SEC. 25(1) OF THE KVAT ACT
FOR THE YEAR 2012-13
Exhibit P5 TRUE COPY OF THE DETAIL REPLY DATED
13.04.202L AGAINST EXBT-P4 NOTICE FOR 2012-13
Exhibit P6 TRUE COPY OF ORDER NO. 32011303994/2012-13
DATED 15.04.2021 FOR THE YEAR 2012-13
Exhibit P7 TRUE COPY OF THE ORDER IN W.P (C) 28037 OF
2021 DATED 08.12.2021
WP(C) Nos.42110, 41219 & 21554 OF 2022 9
APPENDIX OF WP(C) 21554/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY PRE-ASSESSMENT NOTICE DATED 15-03-
21 ISSUED U/S 25(1) OF THE KVAT ACT FOR THE
YEAR 2013-14 BY 1ST RESPONDENT TO THE
PETITIONER.
Exhibit P2 TRUE COPY OF THE DETAIL REPLY DATED 13-04-21
AGAINST EXBT-P1 NOTICE FOR 2013-14 FILED BY
THE PETITIONER BEFORE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE ASSESSMENT ORDER DATED 15-
04-21 FOR THE YEAR 2013-14 PASSED U/S 25(1)
OF THE KVAT ACT, BEYOND THE PERIOD O
LIMITATION, BY 1ST RESPONDENT ON THE
PETITIONER.
Exhibit P4 TRUE COPY OF THE RR NOTICES DATED 18-03-22
ISSUED BY 4TH RESPONDENT TO THE PETITIONER
FOR THE YEAR 2013-14.
