IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
KIZHAKKEDATH VARKEY VARGHESE – Appellant
Versus
ASSISTANT COMMISSIONER (WC & LT) – Respondent
JUDGMENT
The petitioner is the registered tax payer under the provisions of the CGST/KGST Act, 2017. The grievance of the petitioner is against Exts.P1 and P2 orders passed under Section 73 of the CGST Act , pertaining to the assessment years 2020-2021 and 2021-2022. As against the same, the petitioner submitted an appeal before the First Appellate Authority, which was dismissed as per Exts.P3 and P4. The petitioner wants to challenge the aforesaid orders by invoking the statutory remedy of 2nd appeal, as contemplated under Section 112 of the CGST Act . However, he is unable to invoke the said remedies, as the appellate tribunal has not started functioning. It was in these circumstances that this writ petition is submitted challenging the aforesaid orders.
2. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am of the view that this writ petition can be disposed of, permitting the petitioner to submit an appeal within a specified time after the tribunal starts functioning.
Accordingly, this writ petition is disposed of, permitting the petitioner to file appeals against Exts.P3 and P4 orders within a period of three months from the date on wh
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