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2014 Supreme(Online)(KER) 20387

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
JOHNSON & JOHNSON LIMITED – Appellant
Versus
ASST COMMISSIONER – Respondent


J U D G M E N T

The petitioner has approached this Court with the following prayers:

“i) call for the records connected with the case;

ii) issue a writ of mandamus or other appropriate writ or order directing the respondent to consider Ext.P5 letter and return the defective F forms and grant six weeks time to the petitioner for curing the defects in F-Forms and to resubmit the same.

iii) issue a writ of mandamus or other appropriate writ or order directing the Respondent to grant an opportunity of personal hearing to the petitioner before finalizing the assessment for the year 2008- 2009 under Section 25 of the KVAT Act as well under Rule 6(5) of CST ( Kerala Rules)

1957 iv)issue a writ of prohibition or other appropriate writ or orders restraining the respondent from completing the assessment proceedings for the year 2008-2009 under Section 25 of the KVAT Act for a period of six weeks.

v. Issue such other writ, order or direction which the Hon'ble Court deems fit and necessary in the interest of justice. ”

2. The learned Counsel for the petitioner submits that the petitioner is having every right to have the defective 'F' Forms returned from the respondent/Assistant Commissioner, Comme

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