Kerala High Court
M/S.Whirlpool Of India ... vs State Of Kerala on 24 August, 2013
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA ATERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2013/29TH KARTHIKA, 1935
WP(C).No. 28468 of 2013 (G)
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PETITIONER(S):
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M/S.WHIRLPOOL OF INDIA LTD.NO.XVIII/10A
ST. JOSEPH MINOR SEMINARY
COCHIN UNIVERSITY P.O.
S. KALAMASSERY - 682 022
REPRESENTED BY ITS BRANCH COMMERCIAL MANAGER MR. ASHOK P.
BY ADV. SMT.K.LATHA
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY CHIEF SECRETRAY TO THE GOVERNMENT OF
KERALA, SECRETARIAT,
THIRUVANANTHAPURAM
2. ASST. COMMISSIONER (ASSMT), KVATSPECIAL CIRCLE -II
COMMERCIAL TAXES, ERNAKULAM - 682 017
3. THE INTELLIGENCE OFFICER SQUAD NO. I, DEPARTMENT OF
COMMERICAL TAXES, ERNAKULAM 682 017
4. DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES,
ERNAKULAM - 682 017
5. THE INSPECTING ASST. COMMISSIONER, COMMERCIAL TAXES,
KAKKANAD ERNAKULAM - 682 032
6. THE BANK MANAGER
CITI BANK, KOCHI
R1 TO R5 BY SR. GOVERNMENT PLEADER SMT. SHOBA ANNAMMA EAPEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 28468 of 2013 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT. EX-P1A : COPY OF PENALTY ORDER OR 1-439/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1B : COPY OF PENALTY ORDER OR 1-440/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1C : COPY OF PENALTY ORDER OR 1-441/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1D : COPY OF PENALTY ORDER OR 1-442/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1E : COPY OF PENALTY ORDER OR 1-443/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1F : COPY OF PENALTY ORDER OR 1-444/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1G : COPY OF PENALTY ORDER OR 1-445/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1H : COPY OF PENALTY ORDER OR 1-446/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1I : COPY OF PENALTY ORDER OR 1-447/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1J : COPY OF PENALTY ORDER OR 1-448/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1K : COPY OF PENALTY ORDER OR 1-449/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1L : COPY OF PENALTY ORDER OR 1-450/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1M : COPY OF PENALTY ORDER OR 1-451/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1N : COPY OF PENALTY ORDER OR 1-452/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1O : COPY OF PENALTY ORDER OR 1-453/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1P : COPY OF PENALTY ORDER OR 1-454/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
DCS
WP(C).No. 28468 of 2013 (G)
EXT. EX-P1Q : COPY OF PENALTY ORDER OR 1-455/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1R : COPY OF PENALTY ORDER OR 1-456/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P1S : COPY OF PENALTY ORDER OR 1-457/2010-11, DATED 24.08.2013
ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER
EXT. EX-P2A : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1A PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2B : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1B PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2C : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1C PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2D : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1D PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2E : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1E PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2F : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1F PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2G : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1G PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2H : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1H PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2I : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1I PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2J : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1J PENALTY ORDER WITHOUT EXHIBITS
DCS
WP(C).No. 28468 of 2013 (G)
EXT. EX-P2K : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1K PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2L : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1L PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2M : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1M PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2N : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1N PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2O : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1O PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2P : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1P PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2Q : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1Q PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2R : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1R PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P2S : COPY OF THE APPEAL IN FORM NO. 29 FILED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT AGAINST
THE P1S PENALTY ORDER WITHOUT EXHIBITS
EXT. EX-P3 : COPY OF THE CONCERNED BANK GUARANTEE FURNISHED BY
THE PETITIONER DATED 15.04.2013
RESPONDENT'S EXHIBITS:- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V.CHITAMBARESH,J.
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W.P.(C) No.28468 of 2013
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Dated this the 20th day of November, 2013
J U D G M E N T
The petitioner has filed Ext.P2 series appeals against Ext.P1 series orders imposing penalty under the Kerala Value Added Tax Act. The petitioner had furnished Ext. P3 bank guarantee for 50% of the penalty imposed at the time of release of the goods earlier detained.
2. I direct the fourth respondent to consider Ext.P2 series appeals with notice to the petitioner within a period of three months. The coercive steps pursuant to Ext.P1 series orders shall be put on hold provided that the petitioner keeps the bank guarantee intact and also furnishes security for the balance 50% of the amount imposed as penalty within two weeks.
3. The petitioner shall produce a copy of the writ petition with the judgment before the fourth respondent for compliance.
The writ petition is disposed of.
SD/-
V.CHITAMBARESH JUDGE DCS