Majo Abraham vs. State Tax Officer, Commissioner Of State Taxes, State Of Kerala, Central Board Of Indirect Taxes And Customs
(Kerala High Court, Kerala)

Case Law
Petitioner / Applicant
Majo Abraham
Respondent
State Tax Officer, Commissioner Of State Taxes, State Of Kerala, Central Board Of Indirect Taxes And Customs
Court
Kerala High Court
State
Kerala
Date
Oct 16, 2019
Order No.
WA.No.2003 of 2019
TR Citation
2019 (10) TR 1593
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

The writ petitioner is the appellant, challenging judgment of the Single Judge in W.P(C). No.21629 of 2018 dated 11.1.2019. The respondents are the respondents in the writ petition.

2. Ext.P1 order of assessment with respect to the year 2010-11 was challenged in the writ petition on the ground that the proceedings for assessment was initiated beyond the period of limitation stipulated in the Statute. Inter alia, the petitioner challenged constitutional validity of Section 174 of the Kerala State Goods and Services Tax Act, 2017 (herein after referred to as ‘the KSGST Act’). The learned Single Judge had disposed of the writ petition by holding that the issue raised squarely stands covered against the appellant, through judgment dated 11.1.2019 in W.P(C). No.11335 of 2018 and connected cases.

3. Learned counsel for the appellant contended that the learned Single Judge had omitted to consider the grounds raised other than constitutional validity of Section 174 of the KSGST Act.

4. Learned Government Pleader appearing on behalf of respondents 1 to 3 had fairly conceded that the question decided in W.P(C). No.11335 of 2018 and connected cases pertains only with respect to the constitutional validity of Section 174 of the KSGST Act. It is also conceded that a good number of writ appeals filed against the said judgment is pending disposal before this Court.

5. Under the above mentioned circumstances, we are of the considered opinion that, remand of the writ petition for a fresh consideration by the learned Single Judge, on questions other than one relating to validity of Section 174 of the KSGST Act, would suffice to meet the ends of justice.

6. Hence the above writ appeal is hereby allowed. The impugned judgment in W.P(C). No.21629 of 2018 dated 11.1.2019 is hereby set aside. The writ petition is restored to the files of this Court. The Registry shall post the writ petition for consideration by the learned Single Judge dealing with the subject matter, as per roster.

Interim order, if any existed as on the date of dismissal of the writ petition shall stand revived and shall continue to be in force.

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