Kerala High Court
M/S Omega Home Decors vs State Of Kerala on 5 January, 2012
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 20TH DAY OF FEBRUARY 2017/1ST PHALGUNA, 1938
WP(C).No. 4690 of 2017 (I)
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PETITIONER(S):
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M/S OMEGA HOME DECORS,
XXIV/168 A B, VAYATTATIL TOWERS, THODUPUZHA P.O.,
IDUKKI DISTRICT, KERALA, PIN:685 584,
REPRESENTED BY ITS MANAGING PARTNER
SHRI SHAJU JOSEPH.
BY ADVS.SRI.P.A.AUGUSTIAN,
SRI.M.A.BABY.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY SECRETARYTO GOVERNMENT,
DEPARTMENT OF COMMERCIAL TAXES,
THIRUVANANTHAPURAM-695 001.
2. THE INSPECTING ASST.COMMISSIONER (INTELLIGENCE),
DEPARTMENT OF COMMERCIAL TAXES,
COMMERCIAL TAXES BUILDING, OPP. COCHIN SHIPYARD,
THEVARA, ERNAKULAM-682 013.
3. THE INTELLIGENCE INSPECTOR,
SQUAD NO.VI, DEPARTMENT OF COMMERCIAL TAXES,
GOVERNMENT OF KERALA, ERNAKULAM-682 013.
4. ASSISTANT COMMISSIONER,
SPECIAL CIRCLE, COMMERCIAL TAXES,
THODUPUZHA-685 584.
BY GOVT. PLEADER SRI.V.K. SHAMSUDHEEN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-02-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 4690 of 2017 (I)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1: A TRUE COPY OF THE KVAT REGISTRATION CERTIFICATE.
EXHIBIT P2: A TRUE COPY OF CERTIFICATE OF IMPORTER-EXPORTER
CODE (IEC) NO.1011011883 DATED 05.01.2012.
EXHIBIT P3: TRUE COPY OF THE COMMERCIAL INVOICE JHX20151106018
DATED 19.11.2015 AND BILL OF ENTRY NO.3690950
DATED 23.12.2015.
EXHIBIT P4: TRUE COPY OF NOTICE NO.OR/VI/1072/2015-16 DATED 30.12.2015.
EXHIBIT P5: TRUE COPY OF CERTIFICATE ISSUED BY THE
FOURTH RESPONDENT DATED 30.12.2015.
EXHIBIT P6: TRUE COPY OF ORDER NO.OR/VI/1072/2015-16 DATED 02.01.2016.
EXHIBIT P7: TRUE COPY BANK GUARANTEE NO.03930100000019
DATED 01.01.2016.
EXHIBIT P8: TRUE COPY OF REPLY DATED 08.02.2016 TO SHOW CAUSE
NOTICE.
EXHIBIT P9: TRUE COPY OF NOTICE DATED 09.02.2016 FOR PERSONAL
HEARING.
EXHIBIT P10: TRUE COPY OF NOTICE DATED 15.12.2016.
EXHIBIT P11: TRUE COPY OF THE BG WITH COVERING LETTER
DATED 27.12.2016.
EXHIBIT P12: TRUE COPY OF CHAPTER 69 OF THE CUSTOMS MANUAL ITC
HS CLASSIFICATION.
EXHIBIT P13: TRUE COPY OF LOCAL SALES INVOICES AND THE RELEVANT
VAT RETURNS WITH CA CERTIFICATE.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. VINOD CHANDRAN, J.
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W.P.(C) No. 4690 of 2017 (I)
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Dated: 20th February, 2017
J U D G M E N T
The petitioner was aggrieved with the non disposal of the adjudication proceedings on detention of goods. It is submitted by the learned Counsel that now there is a notice issued for personal hearing on 22.02.2017.
2. In such circumstance, it is directed that after hearing the petitioner the issue shall be finalised within a period of three weeks from the date of hearing. Since the Enquiry Officer is not a party in the writ petition, the petitioner shall produce the copy of the certified copy of the judgment before the Enquiry Officer, who shall be bound by the directions herein.
The writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 20/2/17