SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 13520

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, HARISANKAR V. MENON, JJ
NESIYAN EMEL JAPASINGH – Appellant
Versus
STATE TAX OFFICER, TAX PAYER SERVICES CIRCLE – Respondent
RP NO. 1631 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.S.ANIL KUMAR, SHRI.SABU C.J, SHRI.RAHUL A.
For the Respondents: SMT THUSHARA JAMES-SR GP

Judicial review dismisses concern over jurisdiction when alternative remedy is pursued, upholding statutory processes.

Headnote:The petitioner sought review of the previous judgment dated 03.11.2025 citing concerns over jurisdiction regarding orders Exts.P5 and P7. The court noted that the appellant had already sought to invoke an alternative remedy, implying all contentions would be reviewed by the Statutory Authority under the CGST Act. The review petition was dismissed, granting an extension for filing the statutory appeal under Section 107 of the CGST Act.

O R D E R Devan Ramachandran, J.

The petitioner seeks that the judgment of this Court dated

03.11.2025 be reviewed, impelling an apprehension that the Statutory Appellate Authority will not consider the question of jurisdiction of the officer which issued Exts.P5 and P7 orders. 2. We are not impressed by the afore apprehension because, as evident from the judgment sought to be reviewed, the appellant himself had sought permission to invoke the alternative remedy; and obviously, therefore, if he is to do so, then every contention – both factual and jurisdictional – will have to be decided by the said Authority, as per the provisions of the Central Goods and Services Tax Act, 2017 (CGST Act). We do not see why the petitioner should have filed this Review Petition at all, in such circumstances.

This Review Petition is consequently closed; with the afore observations.

After we dictated this part of the judgment, Sri.S.Anil Kumar – learned counsel for the petitioner, requested that his client be given two more weeks time to file the Statutory Appeal.

We record with appreciation that Smt.Thushara James –

learned Special Government Pleader, did not oppose this.

In the afore circumstances, we grant two weeks’ time from the date of receipt of a copy of this order to the petitioner, to file his Statutory Appeal under Section 107 of the ‘CGST Act’.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top