Nikunjam Constructions Pvt. Ltd. vs. Assistant Commissioner Of State Tax, State Goods And Services Tax Department, Thiruvananthapuram The State Tax Officer, Thiruvananthapuram
(Kerala High Court, Kerala)

Case Law
Petitioner / Applicant
Nikunjam Constructions Pvt. Ltd.
Respondent
Assistant Commissioner Of State Tax, State Goods And Services Tax Department, Thiruvananthapuram The State Tax Officer, Thiruvananthapuram
Court
Kerala High Court
State
Kerala
Date
Apr 1, 2019
Order No.
WP(C). No. 7884 of 2019
TR Citation
2019 (4) TR 2157
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

Heard SriSAnil Kumar the learned counsel for the petitioner and SriCK Govindan the learned Government Pleader for the respondents.

2The learned counsel for the petitioner confined his prayers to the following reliefs:

“(i) issue a writ of mandamus or other appropriate writ or orders directing the 2nd Respondent to rerun the original of the records covered by ExtP2 recovered at the time of inspection on 30-08-2014 to the petitioner at the earliest, as the statutory period of retention of records seized during an inspection has already expired;

(ii) issue a writ of mandamus or other appropriate writ or orders directing the 2nd respondent to conduct a verification of the seized records in the presence of the petitioner and offer the petitioner an opportunity to explain the entries in the seized records and not to proceed further based on ExtP4 to ExtP4(b) pending such verification and getting the explanation of the petitioner with regard to such records covered by ExtP2;

(iii) issue a writ of mandamus or other appropriate writ or orders directing the 1st Respondent not to proceed further based on ExtP8 pending return of the records covered by ExtP2 and finalization of the proceedings covered by ExtP4 to ExtP4(b) after verification of the records in the presence of the presence of the petitioner and after hearing the petitioner in accordance with law;”

3The petitioner through ExtsP11 and P12 requested the 2nd respondent to examine the seized records including the CD in the presence of the Authorized Representative of the petitionerThe reason for making a request for verification of record in the presence of Authorized Representative of petitioner is that, the petitioner would have opportunity to explain the omissions or commissions if any otherwise erroneously noticed by the 2nd respondent without further enquiry in this behalf.

4The learned Government Pleader does not oppose the prayer for verification of record in the presence of Authorized Representative of petitioner.

The writ petition hence is disposed by this orderThe 2nd respondent considers the request of the petitioner made through ExtsP11 and P12, intimates a particular day and time to the petitioner for undertaking the verification of record in the presence of Authorized Representative of petitioner- CompanyThe petitioner is given liberty to communicate a copy of this order and also inform the name, designation etcof Authorized Representative attending the verification within two weeks from todayThe 2nd respondent undertakes and also completes the exercise directed by this order as expeditiously as possible preferably within four weeks from the date of receipt of intimation from the petitionerTill the inspection is completed, the 1st respondent is directed to not to proceed with the steps pursuant to ExtP8.

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