M/S.Dhathri Ayurveda Private Ltd v. Deputy Commissioner 9appeals)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 9148 of 2015 (P) --------------------------- PETITIONER :

------------------ M/S.DHATHRI AYURVEDA PRIVATE LTD., KANNAMPALLY BHAGAM KAYAMKULAM, REPRESENTED BY ITS MANAGING DIRECTOR DR. S. SAJIKUMAR, AGED 47 YEARS BY ADVS.SRI.A.KUMAR SRI.P.J.ANILKUMAR SMT.G.MINI(1748) SRI.P.S.SREE PRASAD RESPONDENTS :

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1. DEPUTY COMMISSIONER (APPEALS) KOLLAM-691 001

2. ASSISTANT COMMISSIONER (ASSESSMENT) SPECIAL CIRCLE, COMMERCIAL TAXES, ALAPPUZHA 688001 R1 & R2 BY SENIOR GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPPEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9148 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE ORDER DATED 30.10.2014.

EXHIBIT P2:

TRUE COPY OF THE APPEAL FOR THE PERIOD 2009-10 DATED 28.11.2014 EXHIBIT P3:

TRUE COPY OF THE APPEAL FOR THE PERIOD 2010-11 DATED 28.11.2014 EXHIBIT P4:

TRUE COPY OF THE APPEAL FOR THE OCTOBER TO NOVEMBER 2011 DARTEDE 28.11.2014.

EXHIBIT P5:

TRUE COPY OF THE APPEAL FOR THE PERIOD 2011-12 DATED 28.11.2014 EXHIBIT P6:

TRUE COPY OF THE APPLICATION FOR ADVANCE HEARING FOR 2009-10 DATED 5.1.2015 EXHIBIT P7:

TRUE COPY OF THE APPLICATION FOR ADVANCE HEARING FOR 2010-11 DATED 5.1.2015 EXHIBIT P8:

TRUE COPY OF THE APPLICATION FOR ADVANCE HEARING FOR NOVEMBER TO DECEMBER 2011 DATED 5.1.2015.

EXHIBIT P9:

TRUE COPY OF THE APPLICATION FOR ADVANCE HEARING FOR THE PERIOD 2011-12 DATED 5.1.2015 RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.9148 of 2015 ............................................................. Dated this the 23rd day of March, 2015 J U D G M E N T The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P2 to P5 appeals that have been preferred by the petitioner against Ext.P1 order, in relation to an application for refund preferred by the petitioner.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct the 1st respondent to consider and pass orders on Ext.P2 to P5 appeals within a period of three months from the date of receipt of a copy of this judgment after hearing the petitioner. A.K.JAYASANKARAN NAMBIAR JUDGE mns