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M/S.Samsung India Electronics Pvt.Ltd v. Asst.Commissioner (Assessment), Ernakulam

Kerala HC10 Apr 2013RP/350/2013

Case brief

AI extract

What is this about?

This review petition challenged the judgment in W.P.(C).7580/2013 for failing to direct expeditious disposal of pending statutory appeals. The court directed the Deputy Commissioner to dispose of the appeals within three months, modifying the previous judgment accordingly.

What did the court decide?

Directed the 2nd respondent to dispose of Exts.P6 and P6(a) appeals within three months of receipt of the order.

M/S.Samsung India Electronics Pvt.Ltd Vs Asst.Commissioner… — Income Tax | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 10TH DAY OF APRIL 2013/20TH CHAITHRA 1935

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RP.No. 350 of 2013 (V)

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[AGAINST THE JUDGMENT DTD. 19/03/2013 IN W.P.(C).NO.7580/2013 OF THIS HON'BLE COURT]

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REVIEW PETITIONER IN THE R.P & PETITIONER IN THE W.P.(C):

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M/S.SAMSUNG INDIA ELECTRONICS PVT.LTD., DOOR NO.37/993E (52/1339-CO, 2ND FLOOR, ARYA BHANGY PINNACLE, S.A.ROAD, ELAMKULAM, KOCHI-682 020, REPRESENTED BY P.VIJAYAN, BRANCH COMMERCIAL HEAD.

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BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON, SRI.MAHESH V.MENON.

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RESPONDENTS IN THE R.P AND RESPONDENT IN THE W.P.(C):

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1. ASST.COMMISSIONER (ASSESSMENT), DEPARTMENT OF COMMERCIAL TAXES, SPECIAL CIRCLE-II, ERNAKULAM.

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2. DEPUTY COMMISSIONER (APPEALS), DEPARTMENT OF COMMERCIAL TAXES, ERNAKULAM.

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3. INSPECTING ASST.COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KAKKANADU, ERNAKULAM.

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BY SR. GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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R.P. NO.350/2013-V:

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A: COPY OF THE COVERING LETTER OF THE PETITIONER FOR MAKING THE PAYMENT BY WAY OF DEMAND DRAFT NO.672041 FOR RS.2 CRORES WITH THE ENDORSEMENT OF THE IST RESPONDENT DTD. 26/03/2013.

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ANNEXURE B: COPY OF THE COVERING LETTER OF THE PETITIONER FOR SUBMITTING THE SECURITY BOND NO.R089642 WITH THE ENDORSEMENT OF THE R.1. DTD. 29/03/2013.

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RESPONDENTS' ANNEXURES: NIL.

//TRUE COPY//

P.A. TO JUDGE

Prv.

ANTONY DOMINIC, J

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R.P.350/2013 in W.P.(C).7580/2013

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Dated this the 10^th day of April, 2013

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ORDER

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W.P.(C).7580/13, filed by the petitioner challenging a conditional order of stay passed by the 2^nd respondent in the writ petition, was disposed of by judgment dated 19^th March, 2013 modifying the condition imposed by the appellate authority. Petitioner says that this order has been complied with. In this Review Petition, their grievance is that while disposing of the writ petition, this Court did not direct an expeditious disposal of the appeals filed by the petitioner and therefore, they have filed this Petition for modifying the directions in the judgment incorporating appropriate direction in that behalf.

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Heard the learned Government Pleader appearing for the respondents also.

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Admittedly, statutory appeals are pending and the petitioner is entitled to have the appeals decided expeditiously.

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R.P.350/13

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In view of the above, the Review Petition is disposed of directing that the 2^nd respondent shall dispose of Exts.P6 and P6 (a) appeals filed by the petitioner, as expeditiously as possible, at any rate, within three months of receipt of a copy of this order. The judgment in W.P.(C).7580/13 will stand modified as above.

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/

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sd/- P.A. To Judge

M/S.Samsung India Electronics Pvt.Ltd v. Asst.Commissioner (Assessment), Ernakulam

Case brief

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M/S.Samsung India Electronics Pvt.Ltd v. Asst.Commissioner (Assessment), Ernakulam

Case brief

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