M/S. PBC INTERNATIONAL – Appellant
Versus
THE COMMERCIAL TAX OFFICER – Respondent
The petitioner, a registered dealer under the Kerala Value
Added Tax Act, 2003 ('KVAT Act') on the rolls of the 1st respondent,
questioned the Ext.P1 assessment order, before the 2nd respondent.
He filed Ext.P2 statutory appeal along with a stay petition, besides a
delay condonation petition. The delay is said to be 64 days. The
petitioner complains that before the appellate forum could consider
his interlocutory applications, the respondent authority is taking
coercive steps.
2.
This Court, after hearing the learned counsel on either
side, disposes of this writ petition holding that the 2nd respondent will
consider the interlocutory applications, including the delay
condonation petition, at the earliest and pass orders, possibly, within
one month.
The respondent authority shall defer coercive steps until the 2nd
respondent considers the interlocutory applications.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
das
-3-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
THE TRUE COPY OF THE ASSESSMENT ORDER
FOR THE YEAR 2013-2014 ISSUED BY THE
FIRST RESPONDENT TO THE PETITIONER.
EXHIBIT P2
THE TRUE COPY OF THE APPEAL IN FORM
NO.29 AND GROUNDS OF APPEAL FILED BY
THE PETITIONER BEFORE THE SECOND
RESPONDENT AGAINS
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