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AYURVEDA YOGA VILLA vs. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, THE COMMISSIONER STATE GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM, DEPUTY COMMISSIONER OF STATE TAX STATE GOODS AND SERVICE TAX DEPARTMENT, WAYANAD AND STATE TAX OFFICER, OFFICE OF STATE TAX OFFICER, MANATHAVADY
(Kerala High Court)

Hon'ble Judges:

C.K.ABDUL REHIM
R. NARAYANA PISHARADI
Pet. Counsel
A.kumar
P.j.anilkumar
P.s.sree Prasad
Res. Counsel
Mohammed Rafiq

Petitioner / Applicant

AYURVEDA YOGA VILLA

Respondent STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, THE COMMISSIONER STATE GOODS AND SERVICE TAX DEPARTMENT, THIRUVANANTHAPURAM, DEPUTY COMMISSIONER OF STATE TAX STATE GOODS AND SERVICE TAX DEPARTMENT, WAYANAD AND STATE TAX OFFICER, OFFICE OF STATE TAX OFFICER, MANATHAVADY
Court Kerala High Court
State

Kerala

Date Jun 11, 2019
Order No.

WA. No. 1141 of 2019

Citation

2019(6) TAXREPLY 2182

Original Order
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ORDER

The petitioner in WP(C) No.41831/2018 is in appeal challenging dismissal of the writ petition. The respondents herein are the respondents in the writ petition. 2. Ext.P3 order of assessment with respect to the year 2014-15 was challenged in the writ petition mainly contending that tax imposed against sale of medicine in the course of treatment done at the appellant's hospital, is bad and unsustainable in view of the settled legal position. Inter alia, the appellant challenged the constitutional validity of Section 174 of the Kerala State Goods and Service Tax Act (KSGST Act) and thereby the sustainability of the impugned assessment. 3. The writ petition was dismissed along with a batch of other cases by holding that the issue involved stands squarely covered against the appellant through the judgment in WP(C) No. 11335/2018 and connected cases, dated 11.01.2019. 4. Learned counsel for the appellant pointed out that, the issue covered by the judgment in WP(C) No. 1133....

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