GST Demand should not be recovered if stay application filed in Appeal : HC

By | February 10, 2019
(Last Updated On: February 10, 2019)

HIGH COURT OF KERALA

Hotel Harisree, Kilikolloor

v.

Assistant Commissioner (Assessment)

DAMA SESHADRI NAIDU, J.

W.P. (C) NO. 37273 OF 2018

NOVEMBER  16, 2018 

Bobby John, Adv. for the Petitioner. Smt. M.M. Jasmine, GP for the Respondent.

JUDGMENT

1. The petitioner, a registered dealer under the KGST Act on the rolls of the 1st respondent, questioned the Ext. P1 assessment order, before the 2nd respondent. The petitioner has also filed a stay petition in the appeal. Ventilating its grievance that the authorities are taking coercive steps before the appellate authority could consider the stay petition, the petitioner has filed this writ petition.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. I reckon the petitioner has exercised on time its statutory remedy of filing an appeal. It appears that it has also filed a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authority decides on the stay petition.

Therefore, I dispose of the writ petition directing the respondent authority to defer coercive steps until the 2nd respondent considers the stay petition. I also hope that the 2nd respondent will dispose of the stay petition expeditiously.

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