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Rafeek.K vs The State Tax Officer
2024 Latest Caselaw 16640 Ker

Citation : 2024 Latest Caselaw 16640 Ker
Judgement Date : 12 June, 2024

Kerala High Court

Rafeek.K vs The State Tax Officer on 12 June, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                          WP(C) NO. 32868 OF 2019
PETITIONER:

    1       ALL KERALA DISTRIBUTORS ASSOCIATION, REPRESENTED BY ITS
            PRESIDENT ALAPPUZHA DISTRICT COMMITTEE, ALAPPUZHA DISTRICT
            COMMITTEE, C/O. KERALA DISTRIBUTION COMPANY, THIRUVAMPADY,
            ALAPPUZHA 688 011.

    2       M/S. A.V.P. TRADING CENTRE,REPRESENTED BY ITS PROPRIETOR,
            A.V.P. BUILDING, SANATHANAM WARD, ALAPPUZHA 688 001.

            BY ADVS.
            G.HARIKUMAR (GOPINATHAN NAIR)
            SHRI.AKHIL SURESH
            SHRI.ROSHEN KURIAN SEBI



RESPONDENTS:

    1       UNION OF INDIA,REPRESENTED BY REVENUE SECRETARY, NORTH
            BLOCK, NEW DELHI 110 001.

    2       CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS,DEPARTMENT
            OF REVENUE, MINISTRY OF FINANCE, NEW DELHI 110 001.

    3       STATE OF KERALA,REPRESENTED BY SECRETARY TAXES
            DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
            695 001.

            BY ADVS.
            SRI.P.R.AJITHKUMAR
            SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND
            CUSTOMS


OTHER PRESENT:

            SRI.MUHAMED RAFIQ-SPL.GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).1693/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases     2



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
          WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                              WP(C) NO. 1693 OF 2022
PETITIONER:

              M/S RADHA SALES CORPORATION
              29/43E, VALLUVASSERU BUILDINGS, SAHODARAN AYYAPPAN ROAD,
              JANATHA JUNCTION, VYTTILA, ERNAKULAM, KOCHI 682 019
              REPRESENTED BY ITS PARTNER, RAMAKANT GARG

              BY ADVS.
              MEERA V.MENON



RESPONDENTS:

      1       UNION OF INDIA
              REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE
              (DEPARTMENT OF REVENUE) NORTH BLOCK, NEW DELHI 110 001

      2       CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI 110 001 REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)

      3       STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
              695 001

      4       THE SUPERINTENDENT,CENTRAL TAX AND CENTRAL EXCISE, RANGE 5
              ERNAKULAM DIVISION, CBI ROAD, KATHRIKADAVU, KALOOR,KOCHI 682
              017

      5       STATE TAX OFFICER,1ST CIRCLE, STATE GST DEPARTMENT,
              MATTANCHERRY, KOCHI 682 002

      6       THE DEPUTY COMMISSIONER,OFFICE OF PRINCIPAL COMMISSIONER OF
              CGST AND CENTRAL EXCISE , HEAD QUARTERS PREVENTIVE UNIT,
              CHENNAI NORTH COMMISSIONERATE, 26/1 M.G ROAD,
              NUNGAMBAKKAM,CHENNAI 600 034

      7       M/S. SLO INDUSTRIES LTD,403-D, T.H ROAD, THIRUVOTTIYUR,
              CHENNAI 600 019
 WPC No.32868 of 2019 & conn.cases       3

              BY ADV SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND
              CUSTOMS, SRI.MUHAMED RAFIQ-SPL.GP, SR.ADV.SREELAL N WARRIER


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       4



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                             WP(C) NO. 2273 OF 2022
PETITIONER:

              M/S BUILDERS HOUSE,CHUNGASSERIL BUILDING, PADA NORTH,
              KARUNAGAPPALLY, KOLLAM - 690 518, REPRESENTED BY ITS
              MANAGING PARTNER, NAZAR AHMED MYTHEEN KUNJU.

              BY ADVS.
              MEERA V.MENON
              K.KRISHNA



RESPONDENTS:

      1       THE ASSISTANT COMMISSIONER,STATE TAX OFFICE,
              KARUNAGAPPALLY - 690 518, KOLLAM DISTRICT.

      2       UNION OF INDIA
              REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
              FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI
              - 110 001.

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI - 110 001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST).

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES
              DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
              - 695 001.

              BY ADVS.
              P.R.SREEJITH
              SHRI.VISHNU PRADEEP, CGC


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       5



                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
          WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                              WP(C) NO. 9237 OF 2022
PETITIONER:

              GEORGE V. ARACKAL,AGED 67 YEARS
              S/O. (LATE) VARGHESE, PROPRIETOR, M/S DD INDUSTRIES, XI,
              PUNNAPRA SOUTH, ALAPPUZHA - 688004.

              BY ADV A.KRISHNAN



RESPONDENTS:

      1       THE STATE TAX OFFICER
              SGST DEPARTMENT, FIRST CIRCLE, ALAPPUZHA - 688001.

      2       UNION OF INDIA
              REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE
              (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI - 110 001.

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI - 110 001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST).

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      5       M/S C. M. METALS, PROPRIETORSHIP - SHAMEER MOHOD SHERIEF
              NORTH OF CHANGANASSERY, KALARCODE, REP. BY ITS PROPRIETOR,
              ALAPPUZHA - 688003.

              BY ADV SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE AND
              CUSTOMS, SRI MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N.
              WARRIER


      THIS     WRIT     PETITION    (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       6



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                             WP(C) NO. 9996 OF 2022
PETITIONER:

              ASSOCIATED PIPES INDUSTRIES
              EP/XV/58,59, ALUMMOODU, MUKHATHALA, ELAMPALLOOR,
              KOLLAM-691 577, REPRESENTED BY ITS MANAGING PARTNER,
              HAMSA A.

              BY ADVS.
              MEERA V.MENON



RESPONDENTS:

      1       THE STATE TAX OFFICER
              STATE GST DEPARTMENT, WORKS CONTRACT, KOLLAM-691 002.

      2       UNION OF INDIA,
              REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
              FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI
              110 001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS,
              GST POLICY WING, NORTH BLOCK, NEW DELHI-110 001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST).

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT GOVT
              SECRETARIAT, THIRUVANANTHAPURAM-695 001

              BY ADV SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE
              AND CUSTOMS, SRI MUHAMMED RAFIQ, SPL.G.P.,
              SR.ADV.SREELAL N. WARRIER




      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       7



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 11392 OF 2022
PETITIONER:

              RUBCO SALES INTERNATIONAL P LTD
              RUBCO HOUSE SOUTH BAZAR KANNUR REPRESENTED BY ITS
              MANAGING DIRECTOR PV HARIDASAN, PIN - 670002

              BY ADVS.
              K.P.ABDUL AZEES
              AKHIL SURESH
              T.ARCHANA



RESPONDENTS:

      1       UNION OF INDIA, REPRESENTED BY REVENUE SECRETARY, NORTH
              BLOCK, NEW DELHI - 110001

      2       CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS (ERSTWHILE
              CENTRAL BOARD OF EXCISE AND CUSTOMS)
              REPRESENTED BY SECRETARY , DEPARTMENT OF REVENUE
              MINISTRY OF FINANCE NEW DELHI, PIN - 110001

      3       STATE OF KERALA
              REPRESENTED BY SECRETARY, TAXES DEPARTMENT GOVERNMENT
              SECRETARIAT, THIRUVANATHAPURAM 695001, PIN - 695001

      4       DEPUTY COMMISSIONER,SPECIAL CIRCLE, STATE GOODS AND
              SERVICE TAX DEPARTMENT KANNUR 670001.

              BY ADVS.
              ASG OF INDIA
              ADVOCATE GENERAL OFFICE KERALA

              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P.


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       8



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 18092 OF 2022
PETITIONER:

              PARISHAD PRODUCTION CENTRE
              IRTC CAMPUS, MUNDUR P.O., PALAKKAD - 678 592,
              REPRESENTED BY ITS SECRETARY, VIJITH K.V.

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER,STATE GOODS AND SERVICES TAX
              DEPARTMENT, FIRST CIRCLE, PALAKKAD - 678 001.

      2       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS,
              GST POLICY WING, NORTH BLOCK, NEW DELHI - 110 001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST).

      3       STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              TAXES DEPT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM - 695
              001.

              BY ADV SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE
              AND CUSTOMS, SRI MUHAMMED RAFIQ, SPL.G.P.,
              SR.ADV.SREELAL N. WARRIER


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases   9




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                        WP(C) NO. 17430 OF 2021
PETITIONER:

              K.P.CARS PRIVATE LTD., 228/1, AUDI KOCHI, VYTILLA,
              AOOR, BY PASS ROAD, MARADU, ERNAKULAM-682304,
              REPRESENTED BY MANAGING DIRECTOR MR.BHARAT K PATEL,
              AGED 58 YEARS, S/O.SHRI KANTILA PRANLAL PATEL, RESIDING
              AT 10A, UPARIKA MALIKA, PANDIT KARUPPAN RD, THEVARA,
              ERNAKULAM-682013.

              BY ADVS.
              JOLLY JOHN
              LIZA MEGHAN CYRIAC
              IRENE BABU
              PRAMOD M.


RESPONDENTS:

      1       UNION OF INDIA,REP. BY SECRETARY, MINISTRY OF FINANCE,
              NO.136-A, NORTH BLOCK, NEW DELHI-110001.

      2       STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO
              GOVERNMENT, STATE GOODS AND SERVICE TAX DEPARTMENT, TAX
              TOWERS, KARAMANA, THIRUVANANTHAPURAM-695002.

      3       STATE TAX OFFICER,STATE GST DEPARTMENT OF KERALA, SQUAD
              NO.VI, ERNAKULAM AT MINI CIVIL STATION, ALUVA-683101.

      4       GST COUNCIL CHAIRMAN, OFFICE OF THE GST COUNCIL
              SECRETARIAT, 5TH FLOOR, TOWER II, JEEVAN BHARTI
              BUILDING, JANPATH ROAD, CONNAUGHT PLACE, NEW DELHI-
              110001.

      5       ZENICA CARS INDIA PVT.LTD., (AUDI GURGAON) ORCHID
              CENTER SECTOR-53, GOLF COURSE ROAD, GURGAON REPRESENTED
              BY AUTHORIZED OFFICER, GSTIN/UN:06AAACZ2881K1ZZ.

      6       SQUADRON PROTECTIVE FORCE PVT.LTD.,
              SURYAKANTHI OFFICE COMPLEX, ROOM NO.111, TALI,
              CHALAPPURAM CROSS ROAD, CALICUT-673002, REPRESENTED BY
              AUTHORIZED OFFICER, GSTIN-32AAXCS6026QIZJ.
 WPC No.32868 of 2019 & conn.cases       10

      7       M/S.VIJAYAGEETHAM LOGISTICS, MGHS ROAD, NEAR INDIAN
              OVERSEAS BANK, KANIYAPURAM, TRIVANDRUM-695301,
              REPRESENTED BY AUTHORIZED OFFICER, GSTIN-
              32AHMPV5794M3ZB.

      8       CONCEPT ON WHEELS, VETTUR ROAD, KAZHAKUTTAM,
              TRIVANDRUM-695582, REPRESENTED BY AUTHORIZED OFFICER,
              GSTIN-32AAKFC3043PIZD.

              BY ADVS.
              P.VIJAYAKUMAR
              SMT.SHEELA DEVI.I., SC, CENTRAL BOARD OF EXCISE AND
              CUSTOMS
              SRI MUHAMMED RAFIQ SPL.G.P.
              SR.ADV.SRI SREELAL N.WARRIER



      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       11



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 22587 OF 2022
PETITIONER:

              PHILIP PUTHENPURACKAL THOMAS,AGED 76 YEARS
              PROPRIETOR . M/S. HIGH RANGE DRUG HOUSE, K.K.ROAD,
              KUMALI IDUKKI - 685 509., PIN - 685509

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER,STATE GST DEPARTMENT,
              VANDIPERIYAR AT KUMALI IDUKKI - 685 509., PIN - 685509

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI - 110 001.

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI - 110 001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST)., PIN -
              110001

      4       STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              TAXES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM
              - 695 001.

              BY ADVS.
              K.V.SREE VINAYAKAN
              RAJESH. K.RAJU
              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N.
              WARRIER
      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       12



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 22788 OF 2022
PETITIONER:

              M/S. HILIFE IRON METALS INDIA (P) LTD.
              AGED 42 YEARS
              POKKANTHODE PALAKKAD, REPRESENTED BY ITS MANAGING
              DIRECTOR, MUHAMMED NISTHAR., PIN - 678556

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE DEPUTY COMMISSIONER
              SPL: CIRCLE STATE GST DEPARTMENT PALLAKKAD., PIN -
              678001

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI., PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)., PIN - 110001

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM ., PIN - 695001

              BY ADV P.R.AJITH KUMAR, BY ADV SRI MUHAMMED RAFIQ,
              SPL.G.P., SR.ADV.SREELAL N. WARRIER


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       13



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 24995 OF 2022
PETITIONER:

              VYSAKH G. DAS,AGED 32 YEARS
              PROPRIETOR, M/S. APPOOS CINE MOVIES (ILLAM CINEMAS),
              PANDIKKAD, MALAPPURAM,, PIN - 676521

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER
              STATE GOODS & SERVICE TAX DEPARTMENT MINI CIVIL STATION
              MANJERI, MALAPPURAM, PIN - 676121

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELH, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)., PIN - 110001

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES
              DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN
              - 695001

              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N.
              WARRIER
      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       14



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 25997 OF 2022
PETITIONER:

              O.P.SHAHUL HAMEED( PROPRIETOR)
              AGED 59 YEARS
              M/S O.P.S STORES, MUNDAKKAYAM,. KOTTAYAM, PIN - 686513

              BY ADV P.N.DAMODARAN NAMBOODIRI



RESPONDENTS:

      1       UNION OF INDIA, REPRESENTED BY ITS SECRETARY
              MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW
              DELHI ., PIN - 110023

      2       STATE OF KERALA, REPRESENTED BY ITS
              SECRETARY,DEPARTMENT OF TAXES, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001

      3       COMMISSIONER,STATE GOODS AND SERVICE TAX DEPARTMENT,
              9TH FLOOR, TAX TOWER, KILLIPALAM, KARAMANA PO.,
              THIRUVANANTHAPURAM ., PIN - 695001

      4       STATE TAX OFFICER,STATE GST DEPARTMENT, 4TH FLOOR, MINI
              CIVIL STATION, PALA. PIN - 686575


              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P.

      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       15



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 27944 OF 2022
PETITIONER:

              M/S. CASINO TALKIES,AGED 57 YEARS
              X/370, A M ROAD, ALUVA, ERNAKULAM REPRESENTED BY ITS
              PARTNER, K. SALIL, PIN - 683101

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER - I
              STATE GOODS AND SERVICES TAX DEPARTMENT, KAP COMPLEX,
              RAILWAY STATION ROAD, ALUVA, ERNAKULAM, PIN - 683101

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI - 110 001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST).

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

              BY ADV SMT.I. SHEELA DEVI, SRI P.R.SREEJITH, BY ADV SRI
              MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N. WARRIER




      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       16



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 23707 OF 2021
PETITIONER:

              USHAS KUMAR M. R.,AGED 46 YEARS
              PROPRIETOR, AKSHAYA AGENCIES, VAIDYAR JUNCTION,
              MARANAD, EZHUKONE, KOLLAM - 691 505.

              BY ADVS.
              MEERA V.MENON



RESPONDENTS:

      1       THE STATE TAX OFFICER,STATE GOODS AND SERVICES TAX
              DEPARTMENT, KOTTARAKKARA, KOLLAM - 691 506.

      2       UNION OF INDIA
              REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
              FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI
              - 110001.

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI - 110001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST)

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES
              DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695
              001.

              BY ADV SRI.P.R.SREEJITH, SC, CENTRAL BOARD OF EXCISE
              AND CUSTOMS, BY ADV SRI MUHAMMED RAFIQ, SPL.G.P.,
              SR.ADV.SREELAL N. WARRIER




      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       17



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 24149 OF 2020
PETITIONER:

              V.K.ABDUL REHIMAN,AGED 46 YEARS
              PROPRIETOR, M/S. DANAMS, 13/411, MANKARA, PALAKKAD 678
              613

              BY ADVS.
              SMT.MEERA V.MENON



RESPONDENT:

      1       STATE TAX OFFICER,FIRST CIRCLE, STATE GOODS AND
              SERVICES TAX DEPARTMENT, PALAKKAD 678 001

      2       CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS,
              GST POLICY WING, NORTH BLOCK, NEW DELHI 110 001
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST)

      3       STATE OF KERALA,
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001

              BY ADVS.
              SMT.SINDHUMOL.T.P., CGC
              SRI.RAJESH B., SC, CENTRAL BOARD OF EXCISE &
              CUSTOMS
              SMT.KAVERY S THAMPI, BY ADV SRI MUHAMMED RAFIQ,
              SPL.G.P.,


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases     18


                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
          WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 26665 OF 2020
PETITIONER:

      1       SUPERMARKET WELFARE ASSOCIATION OF KERALA
              ROOM NO. 17/215B, NEAR ROCKY CRANE, SEAPORT AIRPORT ROAD,
              HMT COLONY, KALAMASSERY, ERNAKULAM 683503 REPRESENTED BY ITS
              GENERAL SECRETARY SHRI SIYAVUDEEN K.A

      2       ROYAL BAZAR
              OTTAPPALM P.O, PALAKKAD DISTRICT 679 101 REPRESENTED BY ITS
              MANAGING PARTNER SHRI MOHAMMED SHAHEES

              BY ADVS.
              G.HARIKUMAR (GOPINATHAN NAIR)
              SHRI.AKHIL SURESH



RESPONDENTS:

      1       UNION OF INDIA,REPRESENTED BY REVENUE SECRETARY, NORTH
              BLOCK, NEW DELHI 110 001

      2       CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS,DEPARTMENT OF
              REVENUE, MINISTRY OF FINANCE, NEW DELHI 110 001

      3       STATE OF KERALA,
              REPRESENTED BY SECRETARY, TAXES DEPARTMENT, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM 695 001

      4       STATE TAX OFFICER,SGST OFFICE, OTTAPPALAM, PALAKKAD 679 101

      5       STATE TAX OFFICER,5TH FLOOR, STATE GST COMPLEX, PALAKKAD 679
              101

              BY ADVS.
              A.K.HARIDAS, CGC
              SRI.RAMAVARMA REGHUNATHAN THAMBURAN, SC, CENTRAL BOARD OF
              EXCISE & CUSTOMS, SRI.P.G.JAYASHANKAR, BY ADV SRI MUHAMMED
              RAFIQ, SPL.G.P.


      THIS    WRIT   PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       19



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 30138 OF 2022
PETITIONER:

              RAFEEK.K.,AGED 54 YEARS,PROPRIETOR, M/S. DAYA MEDICALS,
              PERUMPADAPPU MALAPPURAM, PIN - 679580

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER
              STATE GST DEPARTMENT, PONNANI, MALAPPURAM, PIN - 679577

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST, PIN - 110001

              BY ADV R.HARISHANKAR, BY ADV SRI MUHAMMED RAFIQ,
              SPL.G.P., SR.ADV.SREELAL N. WARRIER, SRI P.R.SREEJITH




      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       20



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 30197 OF 2022
PETITIONER:

              THOTTATHIL ABDUL KAREEM
              AGED 57 YEARS,PROPRIETOR , M/S. ALIF MARBLES, 21/669,
              IRUMBUZHI, ANAKKAYAM, MALAPPURAM, PIN - 676513

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER
              STATE GST DEPARTMENT, MANJERI MALAPPURAM, PIN - 676121

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)., PIN - 110001

      4       STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              TAXES DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN
              - 695001

              BY ADV P.T.DINESH, BY ADV SRI MUHAMMED RAFIQ, SPL.G.P.,
              SR.ADV.SREELAL N. WARRIER, SRI P.R.SREEJITH




      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       21



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 30238 OF 2022
PETITIONER:

              KAPPOORATH PATHUMMA,AGED 64 YEARS
              PROPRIETRIX, M/S. KAPPOORATH TRADERS, 19/713, TIRUR
              ROAD, KAVUMPURAM, MALAPPURAM, PIN - 676552

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER,STATE GST DEPARTMENT, KOTTAKKAL
              MALAPPURAM DISTRICT, PIN - 676501

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)., PIN - 110001

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

              BY ADVS.
              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N.
              WARRIER, SRI P.R.SREEJITH
              Thanuja Roshan George


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       22



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 31157 OF 2022
PETITIONER:

              M/S. ATHIRA ENTERPRISES,AGED 67 YEARS
              11/448 - 8, PENSION STREET, PALAKKAD-678001,
              REPRESENTED BY ITS MANAGING PARTNER, K. KOCHU KUMARAN

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       STATE TAX OFFICER-3,SECOND CIRCLE, STATE GOODS AND
              SERVICES TAX DEPARTMENT, PALAKKAD, PIN - 678001

      2       UNION OF INDIA, REPRESENTED BY SECRETARY TO
              GOVERNMENT,MINISTRY OF FINANCE (DEPARTMENT OF REVENUE),
              NORTH BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS,
              GST POLICY WING, NORTH BLOCK, NEW DELHI -110001,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST).

      4       STATE OF KERALA,
              REPRESENTED BY SECRETARY TO GOVERNMENT,TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N.
              WARRIER, SRI P.R.SREEJITH


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       23



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 31837 OF 2022
PETITIONER:

              ARUN MURALI,AGED 30 YEARS
              PROPRIETOR, M/S. HOME TRENDZ APPLIANCES GROUND FLOOR,
              XVI-898-A B C THRISSUR ROAD, CHANGARAMKULAM
              NANNAMMUKKU, MALAPPURAM, PIN - 679575

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER,STATE GST DEPARTMENT, MINI CIVIL
              STATION PONNANI NAGARAM PONNANI, MALAPPURAM, PIN -
              679583

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)., PIN - 110001

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N.
              WARRIER, SRI P.R.SREEJITH


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       24



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 31950 OF 2022
PETITIONER:

              CHERUKAD ABDURAZAK,AGED 59 YEARS
              PROPRIETOR, M/S. KISAN ELETRICALS, 16/436, CHUNKATHARA,
              MALAPPURAM, PIN - 679334

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER,STATE GST DEPARTMENT, KOVILAKAM
              ROAD, NILAMBUR, MALAPPURAM, PIN - 679329

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI, REPRESENTED BY
              PRINCIPAL COMMISSIONER (GST), PIN - 110001

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

              BY ADV SRI MUHAMMED RAFIQ, SPL.G.P., SR.ADV.SREELAL N.
              WARRIER, SRI P.R.SREEJITH


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       25



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 32078 OF 2022
PETITIONER:

              PAREED BABU MALAVATTATH,AGED 51 YEARS
              PROPRIETOR, M/S. BABU MEDICALS, PP-1/42, PULAMTHOLE,
              MALAPPURAM, PIN - 679323

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER
              STATE GST DEPARTMENT, MINI CIVIL STATION,
              PERINTHALMANNA, MALAPPURAM DIST., PIN - 679322

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)., PIN - 110001

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

              BY ADV RAJESH. K.RAJU, BY ADV SRI MUHAMMED RAFIQ,
              SPL.G.P., SR.ADV.SREELAL N. WARRIER, SRI P.R.SREEJITH


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       26



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 32259 OF 2022
PETITIONER:

              M/S. STYLO FURNITURE & INTERIORS
              AGED 47 YEARS,XXII/1315 A, N.H.ROAD PUTHANATHANI,
              PUNNATHALA, MALAPPURAM, REPRESENTED BY ITS MANAGING
              PARTNER, ABDUL HARIF. P, PIN - 676552

              BY ADVS.
              MEERA V.MENON
              R.SREEJITH
              K.KRISHNA



RESPONDENTS:

      1       THE STATE TAX OFFICER,STATE GST DEPARTMENT, PLAZA TOWER
              KOTTACKAL MALAPPURAM, PIN - 676503

      2       UNION OF INDIA,REPRESENTED BY SECRETARY TO GOVERNMENT,
              MINISTRY OF FINANCE (DEPARTMENT OF REVENUE), NORTH
              BLOCK, NEW DELHI, PIN - 110001

      3       CENTRAL BOARD OF INDIRECT T AXES & CUSTOMS
              GST POLICY WING, NORTH BLOCK, NEW DELHI , REPRESENTED
              BY PRINCIPAL COMMISSIONER (GST)., PIN - 110001

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT.,
              GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

              BY ADV RAJESH. K.RAJU, BY ADV SRI MUHAMMED RAFIQ,
              SPL.G.P., SR.ADV.SREELAL N. WARRIER, SRI P.R.SREEJITH


      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       27



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
      WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                            WP(C) NO. 29800 OF 2021
PETITIONER:

              SUGATHAN KAILATH,AGED 70 YEARS,PROPRIETOR, M/S
              GANAPATHY WOOD INDUSTRIES, MANGAD, KOLLAM-680 504.

              BY ADVS.
              MEERA V.MENON



RESPONDENTS:

      1       THE STATE TAX OFFICERLUXURY TAX, STATE TAX COMPLEX,
              BAPPUJI NAGAR, ASRAMAM, KOLLAM-691 005.

      2       UNION OF INDIA,
              REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
              FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NE2W
              DELHI 110001.

      3       CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS,
              GST POLICY WING, NORTH BLOCK, NEW DELHI 110,
              REPRESENTED BY PRINCIPAL COMMISSIONER (GST)

      4       STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPT,
              GOVT SECRETARIAT, THIRUVANNATHAPURAM-695 001.

              BY ADV JOSE ANTONY, BY ADV SRI MUHAMMED RAFIQ,
              SPL.G.P., SR.ADV.SREELAL N. WARRIER




      THIS    WRIT   PETITION       (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
12.06.2024, ALONG WITH WP(C).32868/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.32868 of 2019 & conn.cases       28

                                       JUDGMENT

[WP(C) Nos.32868/2019, 1693/2022, 2273/2022, 9237/2022, 9996/2022, 11392/2022, 18092/2022, 17430/2021, 22587/2022, 22788/2022, 24995/2022, 25997/2022, 27944/2022, 23707/2021, 24149/2020, 26665/2020, 30138/2022, 30197/2022, 30238/2022, 31157/2022, 31837/2022, 31950/2022, 32078/2022, 32259/2022, 29800/2021]

This batch of writ petitions contains three sets of cases. In

some cases, the respective supplier had remitted the tax (GST) but

not reflected in their return GSTR due to some technical reasons.

Another set of petitioners are those who have received the goods

or services and have valid tax invoices, proof of payment of the

value of goods along with the GST component to the respective

suppliers, but the respective suppliers had not remitted the GST

on the supply made by them to the petitioners. The third set of

petitioners are those who are in possession of the invoice but

have no clear proof of payment of consideration and tax towards

the inward supply and might not have received goods in their

possession. Common questions of facts and law are involved in

these writ petitions. W.P.(C) Nos.31559/2019 and connected

matters were disposed on 4.6.2024 by this Court and the

controversy has been decided by judgment of even date.

2. The same points arise in the instant batch of

writ petitions. The operative portion of the judgment in WPC

No.31559 of 2019 dated 4.6.2024 reads as follows:

"99. The Government had realized the difficulty in the initial roll out of the GST regime under the CGST/SGST Act and considered that GSTR 2A was not available initially in the Finance years 2017-2018 and 2018-2019 during the implementation of GST. In order to resolve all bona fide claims and mistakes, Circular No.183/15/2022- GST dated 27.12.2022 and Circular No. 193/05/2023- GST dated 17.07.2023 have been issued. Circulars cover the period from the introduction of GST till Section 16(2) (aa) was introduced with effect from 01.01.2022. The ITC can be availed by the recipient for the bona fide scenarios listed in those Circulars on submitting proof of payment to the Government by the supplier. Therefore, if, during the pendency of these writ petitions, the petitioners who could have got the benefits of these Circulars and could not avail the benefits within the time limit prescribed, may approach the appropriate GST authority within a period of thirty days from today to avail the benefit of the aforesaid Circulars, if the same is/are applicable to their case. The GST authorities will examine the claim of the individual dealer by applying the provisions of the Circulars, and it will grant applicable relief to eligible dealers.

100. Prior to the amendment in Section 39 by the Finance Act 2022, the date for furnishing the return under Section 39 was 30th September. Considering the difficulties in the initial stage of the implementation of the GST regime, its understanding, and

compliance, the Legislature effected the amendment and extended the time for filing the return for September to 30th November in each succeeding Financial Year. The amendment is only procedural to ease the difficulties initially faced by the dealers / taxpayers. Therefore, where for the period from 01.07.2017 till 30.11.2022, if a dealer has filed the return after 30th September and the claim for ITC was made before 30th November, the claim for ITC of such dealer should also be processed if he is otherwise entitled to claim the ITC. It has been pointed out in several cases which are pending before this Court that the claim was made before 30th November of the succeeding Financial Year, but the relevant period was 20th October, which was the extended date for furnishing the return under Section 39 for the month of September. Therefore, if a person has furnished the return for the month of September till 30th November, their claim should also be considered and processed and should not be rejected if the dealer did not furnish the return for the month of September on or before 20th October. This amendment being procedural has to be given retrospective effect and, therefore, it is provided that it should be treated that the time limit for furnishing the return for the month of September is 30th November in each Financial Year with effect from 01.07.2017, considering the peculiar nature of difficulties in the initial period of implementation of the GST regime. So far as the challenge to the constitutional validity of Section 16(2)(c) and Section 16(4) is concerned, the same is rejected.

Result:

101. The liberty is granted to the petitioners, who can claim the benefit of the two Circulars, namely, Circular No. 183/15/2022- GST dated 27.12.2022 and Circular No. 193/05/2023-

GST dated 17.07.2023 to make their claim within one month from today before the appropriate authority who shall examine the claim of the individual dealer and process the claim.

101.1 The time limit for furnishing the return for the month of September is to be treated as 30 th November in each financial year with effect from 01.07.2017, in respect of the petitioners who had filed their returns for the month of September on or before 30th November, and their claim for ITC should be processed, if they are otherwise eligible for ITC."

Hence, by adopting the reasoning, observations and

conclusions recorded in the judgment dated 04.06.2024 in W.P.(C)

Nos.31559/2019 and connected matters, these writ petitions stand

disposed of.

All Interlocutory Applications regarding interim matters

stand closed.

DINESH KUMAR SINGH, JUDGE

css/

APPENDIX OF WP(C) 1693/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF REGISTRATION CERTIFICATE OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT

Exhibit P2 COPY OF STATEMENT OF THE PETITIONER FOR THE MONTH OF FEBRUARY 2021

Exhibit P3 COPY OF STATEMENT OF THE PETITIONER FOR THE MONTH OF MARCH 2021

Exhibit P4 COPY OF STATEMENT OF THE PETITIONER FOR THE MONTH OF APRIL 2021

Exhibit P5 COPY OF INVOICE NO. 1453 ISSUED BY THE 7TH RESPONDENT

Exhibit P6 COPY OF E WAY BILL OF THE 7TH RESPONDENT

Exhibit P7 COPY OF INVOICE NO. 1456 ISSUED BY THE 7TH RESPONDENT.

Exhibit P8 COPY OF E- WAY BILL ISSUED BY THE 7TH RESPONDENT

Exhibit P9 COPY OF INVOICE NO. 1603 ISSUED BY THE 7TH RESPONDENT

Exhibit P10 COPY OF E-WAY BILL ISSUED BY THE 7TH RESPONDENT

Exhibit P11 COPY OF E INVOICE NO. 1638 ISSUED BY THE 7TH RESPONDENT

Exhibit P12 COPY OF E WAY BILL ISSUED BY THE 7TH RESPONDENT

Exhibit P13 COPY OF INVOICE NO. SLO/0044 ISSUED BY THE 7TH RESPONDENT

Exhibit P14 COPY OF E WAY BILL ISSUED BY THE 7TH RESPONDENT

Exhibit P15 COPY OF NOTICE ISSUED BY THE 6TH RESPONDENT

Exhibit P16 COPY OF NOTIFICATION NO. 49/2019 CENTRAL TAX

Exhibit P17 COPY OF NOTIFICATION NO. 75/2019- CENTRAL TAX

Exhibit P18 COPY OF NOTIFICATION NO. 94/2020 CENTRAL TAX

Exhibit P19 COPY OF ORDER IN WP9C0 NO. 29800/2021 OF THIS HON'BLE COURT

APPENDIX OF WP(C) 2273/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE ISSUED BY THE STATE TAX OFFICER -2, KARUNAGAPPALLY.

Exhibit P2 COPY OF INTIMATION ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 COPY OF NOTIFICATION NO.49/2019 - CENTRAL TAX

Exhibit P4(a) COPY OF NOTIFICATION NO.75/2019 - CENTRAL TAX

Exhibit P4(b) COPY OF NOTIFICATION NO.94/2020 - CENTRAL TAX

Exhibit P5 COPY OF ORDER IN WP(C) NO.29800/2021 OF THIS HON'BLE COURT.

APPENDIX OF WP(C) 9237/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 06.08.2021 ISSUED TO PETITIONER BY R1.

Exhibit P2 TRUE COPY OF THE REPLY SUBMITTED BY PETITIONER DATED 25.08.2021 TO EXT. P1.

Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 05.01.2022 ISSUED TO PETITIONER BY R1.

Exhibit P4 TRUE COPY OF THE DOCUMENT SHOWING CANCELLATION OF REGISTRATION OF 5TH RESPONDENT.

Exhibit P5 COPY OF NOTIFICATION NO.49/2019-CENTRAL TAX, DATED 09.10.2019.

Exhibit P5(a) COPY OF NOTIFICATION NO.75/2019-CENTRAL TAX, DATED 26.12.2019.

Exhibit P5(b) COPY OF NOTIFICATION NO.94/2020-CENTRAL TAX, DATED 22.12.2020.

Exhibit P6 COPY OF ORDER DATED 24.01.2022 IN WP(C) NO.29800/2021 OF THIS HON'BLE COURT.

APPENDIX OF WP(C) 9996/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 27.2.2020

Exhibit P2 COPY OF ORDER IN FORM GST DRC-01 ISSUED BY THE 1ST RESPONDENT DATED 18.9.2020

Exhibit P3 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.2.2022

Exhibit P4 COPY OF ORDER IN WPC NO 2276/2022 OF THIS HON'BLE COURT DATED 24.1.2022

APPENDIX OF WP(C) 11392/2022

PETITIONER EXHIBITS

Exhibit P1 NOTICE NO 32AABCR6676F1ZD/2019-20 DATED 07/03/2022 ISSUED BY DEPUTY COMMISSIONER, SPECIAL CIRCLE, STATE GOODS AND SERVICE TAX DEPARTMENT, KANNUR

Exhibit P2 THE TRUE COPY OF ORDER OF HON'BLE SUPREME COURT ORDER IN SUO MOTU WRIT PETITION (CIVIL) NO 3/2020 DATED 23/03/2020

Exhibit P3 THE TRUE COPY OF JUDGMENT IN SUO MOTU WRIT PETITION (CIVIL) NO 3/2020 DATED 08/03/2021

Exhibit P4 THE TRUE COPY OF ORDER IN MISCELLANEOUS APPLICATION NO 665/2021 DATED 27/04/2021 IN

Exhibit P5 THE TRUE COPY OF ORDER IN MISCELLANEOUS APPLICATION NO 21/2022 DATED 10/01/2022 IN MISCELLANEOUS APPLICATION NO 665/2021 IN SMW

APPENDIX OF WP(C) 18092/2022

PETITIONER EXHIBITS

Exhibit P1 - COPY OF RETURN FILED BY THE PETITIONER IN GSTR-3B DATED 25-11-2020

Exhibit P2 COPY OF NOTICE IN FORM GST ASMT-10 ISSUED BY THE 1ST RESPONDENT DATED 05-04-2022

Exhibit P3 COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29-04-2022

Exhibit P4 COPY OF INTIMATION ISSUED BY THE 1ST RESPONDENT DTD. 30-05-2022

Exhibit P5 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 30-05-2022

Exhibit P6 COPY OF ORDER IN WP C NO. 10824/2022 OF THIS HON'BLE COURT DTD. 29-03-2022

Exhibit P7 COPY OF ORDER IN WP C NO. 29479/2022 OF THIS HON'BLE COURT DTD. 16-09-2022

APPENDIX OF WP(C) 17430/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX INVOICE NO.829 OF THE 5TH RESPONDENT DATED 13.04.2018 FOR AUDI MODEL Q3 30 TFSI WITH A TOTAL AMOUNT OF RS.31,44,009.00 WHEREIN CESS PAYABLE WAS RS.3,64,958.34.

Exhibit P2 TRUE COPY OF THE INVOICE NO.SPF/IND/ADMIN/CLT/410/2018 DATED 31.03.2019 OF THE 6TH RESPONDENT WHEREIN A TOTAL PAYMENT WAS MADE FOR RS.91,450/- INCLUSIVE OF GST COMPONENT OF 18% AMOUNTING TO RS.13.950/-

Exhibit P3 TRUE COPY OF THE INVOICE NO.VGL/18/199 DATED 31.03.2019 OF THE 7TH RESPONDENT WHEREIN A TOTAL PAYMENT WAS MADE FOR RS.4296/- INCLUSIVE OF SGST AND CGST COMPONENT OF 9% EACH AMOUNTING TO RS.655.38/-

Exhibit P4(A) TRUE COPY OF THE INVOICE NO.INV/MAR/8396 DATED 31.01.2019 OF THE 8TH RESPONDENT FOR A TOTAL PAYMENT OF RS.450/- WITH GST COMPONENT OF 68.64/-

Exhibit P4(B) TRUE COPY OF THE INVOICE NO.INV/MAR/8963 DATED 21.02.2019 OF THE 8TH RESPONDENT FOR A TOTAL PAYMENT OF RS.450/- WITH GST COMPONENT OF 68.64/-

Exhibit P4(C) TRUE COPY OF THE INVOICE NO.INV/MAR/9069 DATED 25.02.2019 OF THE 8TH RESPONDENT FOR A TOTAL PAYMENT OF RS.450/- WITH GST COMPONENT OF 68.64/-

Exhibit P4(D) TRUE COPY OF THE INVOICE NO.INV/MAR/9401 DATED 08.03.2019 OF THE 8TH RESPONDENT FOR A TOTAL PAYMENT OF RS.450/- WITH GST COMPONENT OF 68.64/-

Exhibit P5 TRUE COPY OF THE INTIMATION OF LIABILITY U/S 74 OF KERALA GST ACT 2019 DATED 04.11.2020 OF THE 3RD RESPONDENT WITH A TOTAL TAX CALCULATION OF RS.3,64,958/- FOR THE PERIOD OF 2018-19 ALONG WITH DEMAND NOTICE FOR A

TOTAL PAYMENT OF RS.3,79,837.94/- INCLUDING INTEREST @ 18% AND PENALTY @ 15%.

Exhibit P6 TRUE COPY OF JUDGMENT DATED 07.12.2020 IN WPC 27164/2020.

Exhibit P7 TRUE COPY OF REPLY FILED BY THE PETITIONER DATED 08.01.2021 BEFORE THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE NOTICE TO SHOW CAUSE ISSUED BY THE 3RD RESPONDENT U/S 74(1) OF CGST DATED 18.02.2021 NUMBERED GST/INS/VI/09/2020- 21(2018-19).

Exhibit P9 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE SHOW CAUSE NOTICE DATED 04.03.2021 TO THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE ORDER NO.GST/INS/VI/09/2020- 21(2018-19) U/S 74(9) OF KERALA GST ACT 2019 DATED 30.06.2021 ISSUED BY THE 3RD RESPONDENT WITH A TOTAL TAX OF RS.3,79,838/- INTEREST OF RS.2,92,703/- AND PENALTY OF RS.3,79,838/- FOR THE PERIOD OF 2018-19.

Exhibit P11 TRUE COPY OF THE DEMAND NOTICE DATED 12.07.2021 FOR A TOTAL PAYMENT OF RS.10,52,379/-

Exhibit P12 TRUE COPY OF THE PRESS RELEASE OF CBIC DATED 04.05.2018 FORBIDDING AUTOMATIC REVERSAL OF ITC.

Exhibit P13 TRUE COPY OF THE COMMON JUDGMENT OF HIGH COURT OF MADRAS, MADURAI BENCH DATED 24.02.2021 ON 30 PLUS WRITS QUASHING THE ORDERS OF REVERSAL OF ITC.

APPENDIX OF WP(C) 22587/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF ASSESSMENT ORDER ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 DTD. 24-06-

Exhibit P2 COPY OF ORDER IN WP (C) NO. 2276/2022 OF THIS HON'BLE COURT DTD. 24-01-2022

APPENDIX OF WP(C) 22788/2022

PETITIONER EXHIBITS

Exhibit P1 SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18 DTD. 09-06-

Exhibit P2 COPY OF ORDER IN WP (C) NO. 2276/2022 OF THIS HON'BLE COURT DTD. 24-01-2022

APPENDIX OF WP(C) 24995/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF FORM GST DRC-01A UNDER SECTION 73 (5) ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2018-19 DTD. 28-06-2022

APPENDIX OF WP(C) 25997/2022

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE NOTICE IN FORM ASMT-10 DATED 13-03-2020 IS ISSUED U/S.61 OF THE ACT, 2017 BY THE 4TH RESPONDENT

Exhibit- P2 TRUE COPY OF THE REPLY DATED 29-08-2020 SUBMITTED BY THE PETITIONER

Exhibit- P3 TRUE COPY OF THE INTIMATION OF TAX IN FORM GST DRC-01A DATED 20-10-2020 ISSUED BY THE 4TH RESPONDENT

Exhibit- P4 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED U/S.73 IN FORM GST DRC-01 REF.NO.ZJ3207210064551 DATED 19-07-2021 ISSUED BY THE 4TH RESPONDENT

Exhibit- p 5 TRUE COPY OF THE REPLY DATED 03-12-2021 SUBMITTED BY THE PETITIONER

Exhibit- p 6 TRUE COPY OF THE ORDER REFERENCE NO.ZD320722014358N DATED 14-07-2022 ALONG WITH DRC-07 FOR THE PERIOD OF 07/2017 TO 03/2018 TO THE PETITIONER

Exhibit- P 7 TRUE COPY OF THE ASSESSMENT ORDER BEARING NOA6/DRC-07/2017-2018/05/ 32DARPS3390KIZ2 DATED 17-07-2022 FOR THE PERIOD OF 07/2017 TO 03/2018 TO THE PETITIONER

Exhibit- p 8 TRUE COPY OF THE CIRCULAR BEARING NO.123/42/2019-GST DATED 11-11-2019, ISSUED BY THE MINISTRY OF FINANCE, GOVT. OF INDIA

Exhibit -p 9 TRUE COPY OF THE PRESS RELEASE DATED 04-05- 2018, ISSUED BY THE CBIC

Exhibit- P 10 TRUE COPY OF THE PRESS RELEASE DATED 18/10/2018 ISSUED BY THE CBIC

Exhibit - P 11 TRUE COPY OF THE INTERIM ORDER IN W.P.C. NO.

15802/2022 DATED 13/ 5/2022 OF THE HIGH COURT OF KERALA

APPENDIX OF WP(C) 27944/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF INVOICE NO. 4 DTD. 03-10-2017 ISSUED BY MULAKUPADAM FILMS & RELEASE, ERNAKULAM

Exhibit P2 COPY OF INVOICE NO. 5 DTD. 10-10-2017 ISSUED BY MULAKUPADAM FILMS & RELEASE, ERNAKULAM

Exhibit P3 COPY OF INVOICE NO. RAM 00331 DTD. 15-11-2017 ISSUED BY MULAKUPADAM FILMS & RELEASE, ERNAKULAM

Exhibit P4 COPY OF PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DTD. 15-02-2022

Exhibit P5 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD. 15-02-2022

Exhibit P6 COPY OF SUMMARY ISSUED BY THE 1ST RESPONDENT DTD. 15-02-2022

Exhibit P7 COPYOF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 25-03-2022

Exhibit P8 COPY OF PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DTD. NIL

Exhibit P9 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD. 20-05-2022

Exhibit P10 COPY OF SUMMARY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DTD. 20-05-2022

Exhibit P11 COPY OF APPLICATION FILED BY THE PETITIONER DTD. 23-05-2022

Exhibit P12 COPY OF PROCEEDINGS ISSUED BY THE 1ST RESPONDENT DTD. NIL

Exhibit P13 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD,. 20-05-2022

Exhibit P14 COPY OF SUMMARY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DTD. 23-05-2022

APPENDIX OF WP(C) 23707/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P3 COPY OF SHOW CAUSE NOTICE IS ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 COPY OF NOTIFICATION NO.49/2019 - CENTRAL TAX ISSUED BY GOVERNMENT OF INDIA, NEW DELHI.

Exhibit P4(a) COPY OF NOTIFICATION NO.75/2019 - CENTRAL TAX ISSUED BY GOVERNMENT OF INDIA, NEW DELHI.

Exhibit P4(b) COPY OF NOTIFICATION NO.94/2020 - CENTRAL TAX ISSUED BY GOVERNMENT OF INDIA, NEW DELHI.

APPENDIX OF WP(C) 24149/2020

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT FOR THE YEAR 2017-18

APPENDIX OF WP(C) 26665/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LIST OF MEMBERS OF THE ASSOCIATION

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO. 49/2019- CENTRAL TAX DATED 09-10-2019

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO. 75/2019 CENTRAL TAX DATED 26-12-2019

EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED NIL

EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT DATED 07-10-2020

APPENDIX OF WP(C) 30138/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DTD,. 01-08-2022

Exhibit P2 COPY OF ORDER IN WP (C) NO. 2276/22 OF THIS HON'BLE COURT DTD. 24-01-2022

APPENDIX OF WP(C) 30197/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 15-02-2022

Exhibit P2 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 27-05-2022

Exhibit P3 COPY OF ORDER IN WP (C) NO. 2276/2022 OF THIS HON'BLE COURT DTD. 24-01-2022

APPENDIX OF WP(C) 30238/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 18-07-2022

Exhibit P2 COPY OF ORDER IN WP (C) NO. 2276/2022 OF THIS HON'BLE COURT DTD. 24-01-2022

APPENDIX OF WP(C) 31157/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 08-07-2021

Exhibit P2 COPY OF SUMMARY OF SHOW CAUSE NOTICE ISSUED BY 1ST RESPONDENT DTD,. 08-07-2021

Exhibit P3 COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DTD. 27-11-2021

Exhibit P4 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD. 02-12-2021

Exhibit P5 COPY OF ORDER IN FORM GST DRC-07 ISSUED BY THE 1ST RESPONDENT DTD. 02-12-2021

APPENDIX OF WP(C) 31837/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE ISSUED BY THE 1ST RESPODNENT DTD. 07-09-2020

Exhibit P2 COPY OF REPLY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 18-09-2020

Exhibit P3 COPY OF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 30-08-2022

Exhibit P4 COPY OF ORDER IN WPC NO. 30146/2022 OF THIS HON'BLE COURT DTD. 23-09-2022

APPENDIX OF WP(C) 31950/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE IN FORM GST ASMT 10 ISSUED BY THE 1ST RESPONDENT DTD. 07-12-2020

Exhibit P2 COPY OF NOTICE IN FORM GST DRC-01A ISSUED BY 1ST REDSPONDENT DTD. 17-02-2022

Exhibit P3 COPY OF ORDER IN WPC NO. 30146/2022 OF THIS HON'BLE COURT DTD. 23-09-2022

APPENDIX OF WP(C) 32078/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 25-09-2020

Exhibit P2 COPY OF ORDER IN WPC NO. 30146/22 OF THIS HON'BLE COURT DTD. 23-09-2022

APPENDIX OF WP(C) 32259/2022

PETITIONER EXHIBITS

Exhibit P1 COPYOF SHOW CAUSE NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 02-08-2022

Exhibit P2 COPY OF ORDER IN WPC NO. 30146/22 OF THIS HON'BLE COURT DTD. 23-09-2022

APPENDIX OF WP(C) 29800/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DATED 25.9.2020

Exhibit P2 COPY OF CASE PROCEEDING ISSUED BY THE 1ST RESPONDENT DATED 23.10.2021

Exhibit P2(A) COPY OF INTIMATION ISSUED BY THE 1ST RESPONDENT DATED 23.10.2021

Exhibit P3 COPY OF NOTIFICATION NO 49/2019-CENTRAL TAX DATED 9.10.2019

Exhibit P3(A) COPY OF NOTIFICATION NO75/2019 CENTRAL TAX DATED 26.12.2019

Exhibit P3(B) COPY OF NOTIFICATION NO 94/2020 CENTRAL TAX DATED 22.12.2020

APPENDIX OF WP(C) 32868/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LIST OF MEMBERS OF THE 1ST PETITIONER ASSOCIATION.

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO. 49/2019 CENTRAL TAX DATED 09.10.2019.

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO. 123/42/2019 GST DATED 11.11.2019.

 
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