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2026 Supreme(Online)(Ker) 7400

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
GMG ELECTRIC – Appellant
Versus
THE ASST. STATE TAX OFFICER SQUAD NO.V – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.RAHUL A., SHRI.S.ANIL KUMAR (TRIVANDRUM), SHRI.JOSEPH JERARD SAMSON RODRIGUES, SHRI.SABU C.J, SMT.APARNA ANIL
For the Respondents: SMT JASMINE, GP

JUDGMENT

The petitioner suffered an order of penalty under Section 129 of the Central Goods and Services Tax Act , 2017 (hereinafter referred to as ‘Act’). The appeal filed against this order has been rejected by the first appellate authority. Against the afore order, the petitioner has a remedy of further appeal under Section 112 of the Act. However, the petitioner has approached this Court contending that the Tribunal u/s 112 has not been constituted till date.

2. Heard, S.Anil Kumar, learned counsel for the petitioner, as well as Smt. Jasmine, the learned Government Pleader for the respondent.

3. This Court, noticing that the petitioner had furnished a bank guarantee for the amount covered by the order of penalty referred to above, had directed the coercive proceedings as well as the realization of the bank guarantee to be kept in abeyance.

4. However, this Court notices that the Tribunal under the Act has already been constituted and appeals can be instituted by the petitioner on or before 30.06.2026. Therefore, I am of the opinion that this writ petition can be disposed of as under;

i. The petitioner to file an appeal under the provisions of Section 112 of the Act against the

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