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BERGER PAINTS INDIA LTD. vs. STATE TAX OFFICER, INVESTIGATION BRANCH, STATE GOODS & SERVICES TAX DEPARTMENT, ASSISTANT STATE TAX OFFICER, STATE GOODS & SERVICES TAX DEPARTMENT, KOLLAM, THE ASSISTANT COMMISSIONER, STATE GOODS & SERVICES TAX DEPARTMENT, THE BRANCH MANAGER, ICICI BANK LTD, KOLKATTA AND STATE OF KERALA STATE GOODS & SERVICES TAX DEPARTMENT, THIRUVANANTHAPURAM
(Kerala High Court)

Hon'ble Judges:

DAMA SESHADRI NAIDU
Pet. Counsel
Tomson T.emmanuel
Res. Counsel
Lal K.joseph
Sreelal N. Warrier

Petitioner / Applicant

BERGER PAINTS INDIA LTD.

Respondent STATE TAX OFFICER, INVESTIGATION BRANCH, STATE GOODS & SERVICES TAX DEPARTMENT, ASSISTANT STATE TAX OFFICER, STATE GOODS & SERVICES TAX DEPARTMENT, KOLLAM, THE ASSISTANT COMMISSIONER, STATE GOODS & SERVICES TAX DEPARTMENT, THE BRANCH MANAGER, ICICI BANK LTD, KOLKATTA AND STATE OF KERALA STATE GOODS & SERVICES TAX DEPARTMENT, THIRUVANANTHAPURAM
Court Kerala High Court
State

Kerala

Date Jul 16, 2018
Order No.

W.P. (C). No.23251 of 2018

Citation

2018(7) TAXREPLY 2962
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ORDER

The petitioner, a company dealing in paints, faces proceedings under the Central Goods and Services Tax Act. As paint mixing machinery was seized by the authorities, the petitioner provided Ext.P6 bank guarantee as well as Ext.P6(a) security bond, before the 1st respondent, and had the machinery and the transport vehicle released. 2. At any rate, faced with adverse orders, the petitioner contemplates invoking the appellate remedy. Now, the petitioner has filed this Writ Petition ventilating his grievance that before the petitioner could invoke the appellate remedy, the 1st respondent is threatening to invoke the bank guarantee. According to the petitioner's counsel, the appellate forum itself was very recently created and still the procedural mondalities have yet to be finalised. In the meanwhile, if the respondents invoke the bank guarantee, the petitioner's right to statutory remedies becomes illusory. 3. The learned Government Pleader, on the other hand, has submi....

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