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AKAY FLAVOURS AND AROMATICS PVT LTD vs. ASST. COMMISSIONER STATE GOODS AND SERVICE TAX DEPARTMENT AND OTHERS
(Kerala High Court)

Hon'ble Judges:

AMIT RAWA
Pet. Counsel
K.n.sreekumaran
P.j.anilkumar
N.santhoshkumar
Res. Counsel
Sreelal Warriar
P.r.sreejith
P.vijayakumar

Petitioner / Applicant

AKAY FLAVOURS AND AROMATICS PVT LTD

Respondent ASST. COMMISSIONER STATE GOODS AND SERVICE TAX DEPARTMENT AND OTHERS
Court Kerala High Court
State

Kerala

Date Feb 12, 2020
Order No.

WP(C).No.35419 OF 2019(B)

Citation

2020(2) TAXREPLY 3181

Original Order
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ORDER

1. Petitioner has approached this Court with a prayer of quashing the demand raised vide Ext.P5, for returning the appeal preferred against the assessment order to be deficient of court fees, i.e., 1% of the disputed amount and with a further prayer of declaring imposition of levy of additional court fee by the State Authority in exercise of powers under Section 76(1) of the Kerala Court Fees Act would not apply in the field of GST laws. Petitioner being registered under the provisions of the Kerala State Goods and Service Tax Act, 2017 and Central Goods and Service Tax Act, 2017, prior to that, till 30.6.2017, under the Kerala Value Added Tax Act, submits that the realm of GST came into being with effect from 1.7.2017. The division of tax payers between Central and State was accordingly done as per the guidelines issued by the Goods and Service Tax. The aforesaid division was made by the computer without any liberty to the existing dealers in the VAT/Central Excise/Service Tax scen....

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