Kerala High Court dismisses Writ Petition seeking quashing of order as action commenced against erring supplier [Read Order]
The writ petition was dismissed on the ground of the arguments raised in the writ petition were already fulfilled
Kerala High Court – Writ Petition – Quashing of Order – Erring Supplier – TAXSCAN
Kerala High Court – Writ Petition – Quashing of Order – Erring Supplier – TAXSCAN
The single judge of the Kerala High Court dismissed a writ petition seeking appropriate action against the erring supplier after being informed by Revenue that necessary measures had already been taken against the erring supplier.
The assessee, M/s Krishna Electric Company approaches the Court under provisions of Article 226 of the Constitution of India to to take appropriate action under the GST laws against the M/s. Spanila Sanitary Ware for realising the tax component with interest
The assessee also seeks the issuance of a writ directing Revenue not to take any coercive recovery proceedings till the M/s. Spanila Sanitary Ware is proceeded first for the realisation of tax collected and not remitted by it.The assessee also sought to dispense with the production of English translation of the documents which are in the vernacular language
Revenue contended that action has been initiated against the alleged erring supplier, M/s. Spanila Sanitary Ware.
In a single judge verdict of the Kerala High Court, Justice Dinesh Kumar Singh held that since appropriate action had been taken against M/s. Spanila Sanitary Ware nothing survives in the present writ petition, hence the petition is dismissed.
The assessee was represented by Bobby John and S.Ajay Ghosh Kumar. Revenue was represented by Sreelal N Warrier
To Read the full text of the Order CLICK HERE
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