Disposed

Sri.Akhilesh Kumar Yadav v. the Commercial Tax Officer

Kerala HC28 Nov 2016WP(C)/7034/2016

Case brief

AI extract

What is this about?

The petitioner sought direction to finalize adjudication proceedings after depositing tax demands. The court directed the departmental authorities to complete the adjudication within two months of receiving the judgment copy.

What did the court decide?

The adjudication proceedings pursuant to Ext.P4 shall be completed within two months from the date of receipt of the judgment.

Sri.Akhilesh Kumar Yadav Vs the Commercial Tax Officer — Banking and Recovery | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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MONDAY, THE 28TH DAY OF NOVEMBER 2016/7TH AGRAHAYANA, 1938

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WP(C).No. 7034 of 2016 (D)

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PETITIONER(S):

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SRI.AKHILESH KUMAR YADAV, PROPRIETOR, M/S.A.P. LOGISTICS SERVICES 1A, 5TH FLOOR, 365/367, SAI CHAMBERS, NARSHI NATHA STREET, MASJID(WEST), MUMBAI-400009.

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BY ADVS.SRI.K.M.CHERIAN

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SRI.P.M.GIRIJAVALLABHAN

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RESPONDENT(S):

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1. THE COMMERCIAL TAX OFFICER(ENQUIRY, OFFICE OF THE DEPUTY COMMISSIONER, MATTANCHERY, KOCHI - 682 002.

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2. THE COMMERCIAL TAX OFFICER(ENQUIRY), DEPT.OF COMMERCIAL TAX, THEVARA, ERNAKULAM, KOCHI-682015.

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3. THE COMMISSIONER, OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695033.

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4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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5. S.K.TRADERS, NO.2/1, METTU STREET, EAST CROSS ROAD, CHINNAKALPET, PUDUCHERY-605014.

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R1 TO R4 BY GOVT. PLEADER SRI.V.K.SHAMSUDHEEN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 7034 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1 : TRUE COPY OF THE TAX INVOICE BEARING NO.4403674 DTD.6.2.2012. P2 : TRUE COPY OF INVOICE NO.3 AND 4 DATED 9.2.2012 ISSUED M/S.S.K.TRADERS, PUDUCHERY. P3 : ADVANCE TAX TOKEN NO.32071136848/2011-12/6 AND 32071136848/2011-12/7 DATED 13.2.12. P4 : TRUE COPY OF THE ORDER BEARING NO.O.R.1194/11-12 DT.17.02.2012 ISSUED BY THE COMMERCIAL TAX INSPECTOR, MUTHANGA P5 : TRUE COPY OF THE RECEIPT BEARING NO.17722 DATED 17.2.2012. P6 : TRUE COPY OF ORDER IN WRIT PETITION NO.18164/2013. RESPONDENT(S)' EXHIBITS: NIL -----------------------

//TRUE COPY//

P.S. TO JUDGE

mbr/

A.M. SHAFFIQUE, J.

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------------------------------------- W.P.(C) No. 7034 of 2016

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Dated this the 28^th day of November, 2016

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JUDGMENT

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Petitioner has approached this Court seeking for a direction to finalise the proceeding pursuant to Ext.P4. The goods had already been released on the petitioner depositing ₹2,53,520/-. But, it is contended that so far no steps had been taken to complete the adjudication process.

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Having regard to the limited request made by the petitioner, I am of the view that this writ petition can be disposed of as under:

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(1) The adjudication proceedings pursuant to Ext.P4 shall be completed within a period of two months from the date of receipt of a copy of this judgment.

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(ii) All other contentions urged by the petitioner is left open to be decided in appropriate proceedings.

Sd/-

A.M. SHAFFIQUE

JUDGE

Scl/28.11.2016

Sri.Akhilesh Kumar Yadav v. the Commercial Tax Officer

Case brief

What is this about?

What did the court decide?

Sri.Akhilesh Kumar Yadav v. the Commercial Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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