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2018 Supreme(Ker) 481

K.VINOD CHANDRAN, ASHOK MENON
COMMERCIAL TAX OFFICER, ANCHAL – Appellant
Versus
S. NAJEEM SAJEER – Respondent


Advocates Appeared:
For the Appellant : GOVERNMENT PLEADER SRI. C.E.UNNIKRISHNAN.
For the Respondent: SRI. S.ANIL KUMAR (TRIVANDRUM)

JUDGMENT :

Vinod Chandran, J.

The impugned judgments in the above appeals disposed of a batch of writ petitions as also writ petitions, individually, filed by the assessee-petitioners against notices issued for assessment under the Kerala Value Added Tax Act, 2003 (for brevity “KVAT Act”). The issues raised being identical, reference is made to the common judgment dated 05.10.2016 disposing of a batch of writ petitions [W.P(C) No.10979 of 2015 & connected cases]. The learned Single Judge categorized these cases on the basis of the provision under which the proceedings were initiated. The first group in the impugned common judgment are cases in which notices were issued under Section 25(1) of the KVAT Act, beyond the period of limitation provided thereunder classified as Group-A. In some of these cases the assessment has been completed and the petitioners have approached this Court under Article 226, without availing the statutory remedies on the ground of the proceedings itself being without jurisdiction for reason of the limitation having kicked in. Group-B are cases in which again the proceedings were issued after the period of limitation under Section 25(1); but the Assessing Offi





















































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