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2022 Supreme(Ker) 901

S. V. BHATTI, BASANT BALAJI
Sheen Golden Jewels (India) Pvt Ltd. , Represented By Its Director, M. P. Ahammed Basheer – Appellant
Versus
State Tax Officer (IB)-1 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.B. KRISHNAN, SRI..P.ABDUL AZEES, SRI.G.HARIKUMAR (GOPINATHAN NAIR), SHRI.AKHIL SURESH, SMT.T.ARCHANA
For the Respondent: SRI.K.K.RAVINDRANATH, SRI.P.R.SREEJITH, P.B. KRISHNAN SPL. GP. MOHD RAFIQ., SR. GP. VK. SHASUDHEEN., GP M.M. JASMIN

JUDGMENT :

S.V. Bhatti, J.

The writ petitioners are the appellants. The Writ Appeals are directed against the common judgment dated 11.01.2019 in W.P.(C) Nos.11335/2018 and batch. A few of the Writ Appeals are independently disposed of following the common judgment dated 11.01.2019. We refer to the appellants as ‘Dealer’ and respondents as ‘Revenue’ for consistency in referring to the parties.

2. This Court, in this common judgment, would be considering the challenge to Section 174(2) of the Kerala State Goods and Services Tax Act, 2017 (short ‘KSGST Act’). In the analysis of these jurisprudential and constitutional issues, we will advert to a few Sections in the Constitution (101st Amendment) Act, 2016 (for short ‘CAA 2016’); Kerala Value Added Tax Act, 2003 (for short ‘KVAT Act’); The General Clauses Act, 1977 (for short ‘GC Act’); the Constitution of India (for short ‘Constitution’); and the Kerala Interpretation of Statutes and General Clauses Act, 1897 (for short ‘KGC Act’). With effect from 01.07.2017, by Article 246A of the Constitution, the levy of tax on the supply of goo

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