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2023 Supreme(Ker) 214

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
Prodair AIR Products India Private Limited – Appellant
Versus
State of Kerala, Represented by its Secretary (Taxes), Government Secretariat – Respondent


Advocates Appeared:
For the Appellant : Sri. Aswin Gopakumar, Sri. K. Amal Nath Naik, Sri. Kandampully Vikram, Sri. Niranjan Sudhir, Sri. Renoy Vincent.
For the Respondent: Sri. Mohammed Rafiq, Spl. Govt. Pleader.

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

These writ appeals separately impugn the judgment of a learned Single Judge that dismissed the writ petitions preferred by the appellant challenging (i) the orders of assessment under the KVAT Act for the assessment years 2015-16 to 2017-18 and a show cause notice for the year 2014-15 [W.P(C).No.17451/2021], (ii) the order of the assessing authority rejecting the claim for input tax credit on the purchase of capital goods [W.P(C).No.18783/2021] and (iii) the order imposing penalty on the appellant under the KVAT Act for the assessment years 2016-17 and 2017-18 [W.P(C).No.18443/2020]. While W.A.No.374 of 2021 arises from the judgment of a learned Single Judge in W.P(C).No.18443/2020, W.A.Nos.73 and 91 of 2022 arise from the common judgment of another learned Single Judge in W.P(C).Nos.17451/2021 and 18783/2021. Since the issue involved in all these appeals is common, they are taken up together for hearing and disposed by this common judgment.

THE FACTS IN BRIEF

2. The appellant is stated to be a private limited company involved, inter alia, i

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