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2016 (9) TMI 692 - KERALA HIGH COURT

2016 (9) TMI 692 - KERALA HIGH COURT - 2017 (48) S.T.R. 126 (Ker.) - Recovery of dues - Commissioner (appeals) rejected the appeal on the ground of period of limitation - appeal is pending before tribunal - Held that:- the notice shall be kept in abeyance until a final decision is taken by the Tribunal in Appeal pending before the Appellate Tribunal. - WP (C). No. 23819 of 2016 (B) - Dated:- 10-8-2016 - A. M. Shaffique, J. For the Petitioner : Sri. P. A. Augustian Smt. Linda. M.J. For the Respon .....

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directed to pay the amount with penalty. The petitioner preferred an appeal before the appellate authority which came to be rejected as per order dated 29.10.2015 (Ext.P3). According to the petitioner, Ext.P3 was served on the petitioner only on 11.05.2016 and thereafter, the petitioner preferred a further appeal before the Tribunal on 02.06.2016. The appeal is numbered as ST/20801/2016-DB. In the meantime, the petitioner was served with Ext.P5 notice dated 23.05.2016 calling upon the petitioner .....

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n taken in the matter. It is submitted that on account of the continuance of Ext.P5, the petitioner's accounts had been frozen and that, the petitioner's clients had been informed about the default committed by the petitioner. It is submitted that this attitude of the respondents has caused substantial hardship to the petitioner and therefore, this writ petition is filed challenging Ext.P5 and seeking for appropriate directions in the matter. 3. The learned Standing Counsel appearing on .....

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