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2013 (5) TMI 207

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..... 1) KLT 303), the appeal was allowed and Ext.P4 order was passed by the appellate authority on 20.6.2008, whereby the first respondent was directed to refund the amount remitted by the petitioner/appellant as per the interim order passed by this Court. There is no case for the respondents, that Ext.P4 order has been challenged by filing any further appeal or such other proceeding by the Departme .....

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..... rst respondent in not effecting the refund of entry tax remitted by the petitioner, despite the order passed by the appellate authority vide Ext.P4. 2. The case of the petitioner is that, the petitioner is running a hospital in Ernakulam and in the course of steps for increasing the amenities in the hospital, intending to render more service to the patients, an 'Ultra sound scanner' was brought .....

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..... issuing Ext.P1 notice which made the petitioner to approach this Court by filing W.P. (C).No. 18971/2004, wherein an interim order was passed on 28.6.2004 granting interim stay on condition that the petitioner satisfed a sum of Rs.50,000/-(Rupees fifty thousand); which is stated as complied with, as borne by Ext.P2. In the course of further proceedings, the appeal preferred by the petitioner was c .....

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..... 5. The learned Government Pleader appearing for the respondents submits that the verdict passed by this Court in Thressiamma L. Chirayil V. State of Kerala (2007 (1) KLT 303), has been subjected to challenge by filing an appeal before the Supreme Court, which stands admitted and that the matter has not become final. However, it is to be noted that there is an inter-party judgment, in so far as the .....

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