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Selvam Broilers (P) Ltd Vs. the Assistant Commissioner (Assmt)

Selvam Broilers (P) Ltd vs The Assistant Commissioner (Assmt)

Type Court Judgment Court Kerala Decided Jul 18, 2013
~2 min read
https://sooperkanoon.com/case/1017979

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Selvam Broilers (P) Ltd

Respondent

The Assistant Commissioner (Assmt)

Excerpt

.....(civil) having come up for admission on 18-07-2013, the court on the same day delivered the following: wp(c).no. 17886 of 2013 (i) appendix petitioner(s)' exhibits p1:- true copy of the penalty order dtd 30/3/2013 p2:- true copy of the appeal dtd 10/7/2013 p3:- true copy of the stay petition dtd 10/7/2013 respondent(s)' exhibits : nil /true copy/ p.a. to judge. v. chitambaresh, j -------------------------------- wp(c) no. 17886 of 201.------------------------------------ dated this the 18th day of july, 2013 judgment the petitioner has filed ext.p2 appeal accompanied by ext.p3 petition for stay against ext.p1 order imposing penalty under the kerala value added tax act. the petitioner is apprehensive of coercive steps pursuant to ext.p1 order even before the disposal of the appeal and the petition for stay.2. i direct the third respondent to consider ext.p3 petition with notice to the petitioner within a period of one month. the coercive steps pursuant to ext.p1 order shall be put on hold till orders are passed on ext.p3 petition as directed above. the petitioner shall produce a copy of the writ petition with the judgment before the third respondent for compliance. the writ petition is disposed of. v. chitambaresh judge ncd

Full Judgment

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY,THE 18TH DAY OF JULY 2013 27TH ASHADHA, 1935 WP(C).No. 17886 of 2013 (I) ---------------------------- PETITIONER(S)/PETITIONER: ------------------------------------------------ M/S. SELVAM BROILERS (P) LTD SELVAM HOUSE, HILL PALACE ROAD, TRIPUNITHURA , ERNAKULAM DIST REP BY ITS MANAGER(ACCOUNTS) MR.M.PERIASWAMY BY ADVS.SRI.K.SRIKUMAR (SR.) SRI.K.MANOJ CHANDRAN RESPONDENT(S)/RESPONDENTS: ----------------------------------------------------

1. THE ASSISTANT COMMISSIONER (ASSMT)-II DEPARTMENT OF COMMERCIAL TAXES, SPECIAL CIRCLE III, ERNAKULAM-682015

2. THE INTELLIGENCE OFFICER, SQUAD -V, DEPARTMENT OF COMMERCIAL TAXES (MATTANCHERY) MINI CIVL STATION,PERUMBAVOOR-683542

3. THE DEPUTY COMMISSIONER(APPELAS) DEPARTMENT OF COMMERCIAL TAXES, ERNAKUALM-682015

4. THE INSPECTING ASSISTANT COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, KAKKANADU , KOCHI-30 BY GOVERNMENT PLEADER SMT.SOBHAANNAMMA EAPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17886 of 2013 (I) APPENDIX PETITIONER(S)' EXHIBITS P1:- TRUE COPY OF THE PENALTY ORDER DTD 30/3/2013 P2:- TRUE COPY OF THE APPEAL DTD 10/7/2013 P3:- TRUE COPY OF THE STAY PETITION DTD 10/7/2013 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 17886 OF 201.------------------------------------ Dated this the 18th day of July, 2013 JUDGMENT The petitioner has filed Ext.P2 appeal accompanied by Ext.P3 petition for stay against Ext.P1 order imposing penalty under the Kerala Value Added Tax Act. The petitioner is apprehensive of coercive steps pursuant to Ext.P1 order even before the disposal of the appeal and the petition for stay.

2. I direct the third respondent to consider Ext.P3 petition with notice to the petitioner within a period of one month. The coercive steps pursuant to Ext.P1 order shall be put on hold till orders are passed on Ext.P3 petition as directed above. The petitioner shall produce a copy of the Writ Petition with the judgment before the third respondent for compliance. The Writ Petition is disposed of. V. CHITAMBARESH JUDGE ncd

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