By Advs.sri.harisankar v. Menon
High Court
07 Mar 2012 In favour of: Unclear
Forum / Bench
High Court · highcourtofkerala
Parties
By Advs.sri.harisankar v. Menon
Date of order
07 Mar 2012
Assessment year(s)
—
Outcome
Other
The order — as passed by the High Court
Case summary
In By Advs.sri.harisankar v. Menon, the High Court (2012) decided the matter.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 7TH DAY OF MARCH 2012/17TH PHALGUNA 1933
WP(C).No. 4853 of 2012 (F)
--------------------------
PETITIONER(S):-------------
M/S.JEMSONS STARCH & DERIVATIVES
CHEMICAL INDUSTRIAL ESTATE, AROOR-688534
ALAPPUZHA DISTRICT
REPRESENTED BY STANLEY P. JOHN., MANAGING PARTNER.
BY ADVS.SRI.HARISANKAR V. MENON
SMT.MEERA V.MENON
SRI.MAHESH V.MENON
RESPONDENT(S):
--------------
1. AGRICULTURAL INCOME TAX AND SALES TAX OFFICER
KUTHIATHODU, ALAPPUZHA DISTRICT-688001.
2. DEPUTY COMMISSIONER
DEPARTMENT OF COMMERCIAL TAXES, ALAPUZHA-688001.
BY SR GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPPEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON07-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.4853/12
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DT. 14-11-2011.
EXT.P2COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DT. 4-1-2011.
EXT.P2ACOPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DT. 5-1-2011
EXT.P3COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1STRESPONDENT DT. 14-1-2011.
EXT.P3ACOPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1STRESPONDENT DT. 14-1-2011.
EXT.P4COPY OF ORDER ISSUED BY THE 1ST RESPONDENT DT. 15-1-2011.
EXT.P4ACOPY OF ORDER ISSUED BY THE 1ST RESPONDENT DT. 15-1-2011.
EXT.P5COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2NDRESPONDENT DT. 15-3-2011.
EXT.P6COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1STRESPNDENT DT. 16-3-2011.
EXT.P7COPY OF LETTER SUBMITTED BY THE PETITIONER BEFORE THE 1STRESPONDENT DT. 28-3-2011.
EXT.P8COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT DT. 14-2-2012.
//True Copy//
PA to Judge
ANTONY DOMINIC, J.
================W.P.(C) NO. 4853 OF 2012
===================
Dated this the 7[th] day of March, 2012
J U D G M E N T
Petitioner is an assessee under the CST Act. Exts.P4 and P4(a) were the orders of assessment issued for the assessmentyears 2009-10 and for the first and second quarter of 2010-11.After the assessments were completed, producing certainadditional C forms, petitioner sought rectification of theassessment orders by filing Exts.P6 and P7. Order have not beenpassed on these applications. In the meanwhile, they have beenissued Ext.P8 arrear notice. It is in these circumstances, the writpetition is filed. Learned Government Pleader confirms the receiptof Exts.P6 and P7.
2.In such circumstances, I dispose of the writ petitionwith a direction that the 1[st] respondent shall consider Exts.P6 andP7 with notice to the petitioner and as expeditiously as possible atany rate within 6 weeks of production of a copy of this judgmentalong with a copy of the writ petition.
In the meanwhile, further proceedings pursuant to Ext.P8will stand stayed subject to the condition that the admitted tax
:2 :
due under Exts.P4 and P4(a) shall be paid by the petitioner within
two weeks from today.
Rp
ANTONY DOMINIC, JUDGE
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