Citation : 2024 Latest Caselaw 13974 Ker
Judgement Date : 28 May, 2024
WP(C) No.1675/2024 1/3 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 1675 OF 2024
PETITIONER:
MUHAMMAD SALMANUL FARIS.K., AGED 29 YEARS, PROPRIETOR, M/S. ZENNIT
TRADE LINKS, KULAPPULLY ROAD, PANTHALAKKAPARAMBU, KAYILIYAD,
PALAKKAD, PIN - 679122
RESPONDENTS:
1. THE SUPERINTENDENT OF CENTRAL TAX & CENTRAL EXCISE, OTTAPPALAM
RANGE, COMMERCIAL TAX OFFICE, C.R. BUILDINGS, METTUPPALAYAM STREET,
PALAKKAD, PIN - 678001
2. THE JOINT COMMISSIONER (APPEALS), CENTRAL TAX, CENTRAL EXCISE &
CUSTOMS, DEPARTMENT OF REVENUE, CENTRAL REVENUE BUILDING, I.S. PRESS
ROAD, ERNAKULAM, KOCHI, PIN-682018
3. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
FINANCE (DEPARTMENT OF REVENUE), NORTH BLOCK, NEW DELHI, PIN-110001
4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES
DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant Exts. P4 & P6 orders
issued by the 1 & 2nd respondents respectively.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
15.03.2024 and upon hearing the arguments of M/S MEERA V.MENON,
R.SREEJITH, K.KRISHNA & PARVATHY MENON, Advocates for the petitioner and
of SRI. P.T.DINESH, Advocate for R1 & R2, the court passed the following:
WP(C) No.1675/2024 2/3 Order Date : 28-05-2024
MURALI PURUSHOTHAMAN, J.
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W.P (C) No.1675 of 2024
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Dated this the 28th day of May, 2024
O R D E R
The learned Counsel for the petitioner seeks time to file
reply to the counter affidavit filed by respondents 1 and 2.
Post on 08.07.2024.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) No.1675/2024 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 1675/2024 Exhibit P1 COPY OF SHOW CAUSE NOTICE ISSUED BY THE ASSESSING AUTHORITY DTD. 28-03-2023 Exhibit P2 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD.
20-04-2023 Exhibit P3 COPY OF JUDGMENT IN WPC NO. 25716/2023 OF THIS HON'BLE COURT DTD. 13-12-2023 Exhibit P4 COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DTD.
04-10-2023 Exhibit P5 COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 30-10-2023 Exhibit P6 COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DTD.
07-12-2023 Exhibit-R1(1) A true copy of the Letter dated 9.03.2023 (signed on 11.03.2023) by the Deputy Director, Directorate General of GST Intelligence (DGGI), Kochi Zonal Unit, Central Excise Bhawan, Kathrikadavu, Kaloor P.O, Kochi-682017
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