Disposed

Jumila Beevi, v. the State Tax Officer

Kerala HC8 Jan 2020WP(C)/286/2020

Case brief

AI extract

What is this about?

This writ petition directed the 2nd Respondent to promptly decide the petitioner's stay application filed in the pending appeal. The Court ordered coercive recovery steps to remain suspended until the stay application is disposed of after hearing. The matter stands finally disposed of.

What did the court decide?

Coercive steps for enforcement of the impugned assessment order kept in abeyance pending disposal of the stay application by the 2nd Respondent after hearing the petitioner.

Jumila Beevi, Vs the State Tax Officer — Banking and Recovery | Kerala HC (2020)

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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 ALEXANDER THOMAS

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WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941

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WP(C).No.286 OF 2020(I)

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PETITIONER:

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JUMILA BEEVI, PROPRIETOR, M/S.MUBARAK ENTERPRISES, KOTTIYAM, KOLLAM DISTRICT BY ADV. SRI.BOBBY JOHN

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RESPONDENTS:

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1 THE STATE TAX OFFICER, STATE GOODS AND SERVICE TAX DEPARTMENT, CHATHANNOOR, MINI CIVIL STATION, CHATHANNOOR, KOLLAM DISTRICT, PIN-691 572

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2 THE DEPUTY COMMISSIONER (APPEALS), STATE GOODS AND SERVICE TAX DEPARTMENT, (EARLIER COMMERCIAL TAXES), KOLLAM, ASRAMAM P.O., KOLLAM DISTRICT, PIN-691 002

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3 THE DEPUTY TAHSILDAR (RR) KOLLAM , TALUK KOCHERY, KOLLAM DISTRICT, PIN-691 001

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SMT.THUSHARA JAMES, GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.286 OF 2020(I)

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ALEXANDER THOMAS, J.

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===========================

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W.P(C) No.286 of 2020

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===========================

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Dated this the 08^th day of January, 2020

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JUDGMENT

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Against Ext.P1 order, the petitioner has filed Ext.P2 appeal and

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Ext.P3 stay petition. The petitioner's grievance is that during the pendency of the stay petition, coercive recovery proceedings have been initiated by the assessing authority for recovery of the disputed amounts.

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Heard Sri.Bobby John Pulickaparambil, learned counsel appearing for the petitioner and Smt.Thushara James, learned Government Pleader appearing for the respondents.

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After hearing both sides and after taking note of the facts and circumstances of the case, it is ordered in the interest of justice that the 2^nd respondent shall take up the matters in Ext.P3 stay application filed in Ext.P2 appeal and after affording reasonable opportunity of being heard to the petitioner through their authorised representative/counsel, if any, shall pass orders on those applications

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WP(C).No.286 OF 2020(I)

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without much delay, preferably within a period of two months from the date of production of a certified copy of this judgment. Until orders are thus passed on the abovesaid stay application, further coercive steps for enforcement of the impugned Ext.P1 order will be kept in abeyance.

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With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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vgd

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WP(C).No.286 OF 2020(I)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 30.08.2019, PASSED BY THE 1ST RESPONDENT, FOR THE YEAR 2016-17 EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 10.12.2019, FIELD BY THE PETITIONER BEFORE THE 2ND RESPONDENT AGAINST THE EXT.P1 ASSESSMENT ORDER FOR THE YEAR 2016-17 EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR STAY, DATED 10.12.2019, FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AGAINST EXT.P1 ASSESSMENT FOR THE YEAR 2016-17

Jumila Beevi, v. the State Tax Officer

Case brief

What is this about?

What did the court decide?

Jumila Beevi, v. the State Tax Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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