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2016 (1) TMI 378 - KERALA HIGH COURT

2016 (1) TMI 378 - KERALA HIGH COURT - TMI - Validity of impugned order - Opportunity of hearing not granted - Held that:- Documents produced by the petitioner would show that reply was submitted before the office of the 1st respondent only on 04.09.2015. By this time however, the 1st respondent had already passed assessment order, as also issued the notice of demand. Considering the fact that the petitioner had almost two weeks time after the submission of reply and before the 1st respondent pa .....

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28274 of 2015 - Dated:- 28-9-2015 - A.K.JAYASANKARAN NAMBIAR, J. FOR THE PETITIONER : BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON FOR THE RESPONDENT : R BY GOVERNMENT PLEADER, SMT. K.T. LILLY JUDGMENT The challenge in the writ petition is against Ext.P8 order of the 1st respondent, which completed the assessment of the petitioner under the Kerala Value Added Tax Act, hereinafter referred to as the "KVAT Act", for the assessment year 2012-2013. The grievance of the petitioner in .....

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On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that in response to a notice that was issued to the petitioner on 10.07.2015, the petitioner had preferred Ext.P5 reply dated 17.08.2015, which was submitted before the office of the 1st respondent on the same date. It is seen from the said reply that, while the petitioner made reference to entries made in the ledger and other books of accounts maintained by the petitioner, the books of .....

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