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M/s. HANA FASHION CENTRE Versus THE COMMERCIAL TAX OFFICER-1, ALUVA AND THE KERALA VALUE ADDED TAX APPELLATE TRIBUNAL

2015 (9) TMI 728 - KERLA HIGH COURT

Rejection of Application Filed by non-competent person Petitioners have not received notice of posting of case before Tribunal and that, for said reason, they could not appear on that date Respondent dismissed restoration petition as was filed .....

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er law It is astonishing that, Tribunal dismissed restoration application for such simple reason that, same has been filed by partner, who is not competent to file such application Tribunal ought not have adopted such hyper-technical approach, wh .....

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er. - W.P.(C) No.17090 of 2015 - Dated:- 9-6-2015 - A.MUHAMED MUSTAQUE, J. FOR THE APPELLANT : SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON FOR THE RESPONDENT : GOVERNMENT PLEADER SMT.SOBHA ANNAMMA EAPEN JUDGMENT Aggrieved by Exts.P1 and P2 orders, the .....

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n for default. The petitioner has filed this writ petition challenging Ext.P7 order. 2. The petitioner's case is that, they have not received the notice of posting of the case before the Tribunal and that, for the said reason, they could not appe .....

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The restoration application appears to have been filed after 14 days expiry of the period of filing application under Regulation 50 of KVAT Appellate Tribunal Regulations, 2009. 4. The learned counsel for the petitioner submits that, in terms of Rule .....

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he appeal was filed by the authorised representative does not mean the right of a partner is foreclosed. Further, the firm is the appellant before the Tribunal. 5. In law, a compendious personality like a firm will be treated as entity for limited pu .....

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