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EARTHLINE SERVICES PRIVATE LIMITED vs. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM
(Kerala High Court)

Hon'ble Judges:

DAMA SESHADRI NAIDU

Pet. Counsel

Sukumar Nainan Oommen

Sherry Samuel Oommen

Rahul Ipe Prasad

Res. Counsel

T.a.unnikrishnan

Thushara James

Petitioner / Applicant	EARTHLINE SERVICES PRIVATE LIMITED
Respondent	STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM
Court	Kerala High Court
State	Kerala
Date	Aug 7, 2018
Order No.	W.P.(C) No. 25972 of 2018 (V)
Citation	2018(8) TAXREPLY 2858
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ORDER
The petitioner, a Private Limited Company, is a dealer under Kerala Value Added Tax Act, 2003 (KVAT Act). Faced with the notice dated 02.06.2014 under Section 25(1) of the KVAT Act, it has filed this writ petition. It sought the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, order or direction declaring Section 174(1)(i) of the Kerala State Goods and Services Tax Act, 2017 as being unconstitutional for contravention of Sections 17(b)(ii) and 19 of the Constitution (One Hundred and First Amendment) Act, 2016; and strike down the same. ii. Issue a writ of mandamus or any other appropriate writ, order or direction declaring Section 174(2) of the Kerala State Goods and Services Tax Act, 2017 as being unconstitutional for contravention of Sections 17(b)(ii) and 19 of the Constitution (One Hundred and First Amendment) Act, 2016; and strike down the same. iii. Issue a writ of mandamus or any other appropriate writ, order or direction settin....