WP(C) No. 29030 of 2009 · Kerala High Court
Case at a glance
Outcome
Dismissed
Accordingly the writ petition is dismissed aswithdrawn without prejudice to right of the petitioner toapproach the appellate authority
Provisions considered
Key paragraphs
- Para 33. Accordingly the writ petition is dismissed as withdrawn without prejudice to right of the petitioner to approach the appellate authority. C.K.ABDUL REHIM, JUDGE.okb
Judgment
C.K.ABDUL REHIM, J. ------------------------------W.P.(C).No.29030 OF 2009 ------------------------------Dated this the 25th day of November, 2009J U D G M E N T----------------------1.It is noticed that Ext.P1 order, which is under challenge, is a clarification issued under Section 94 of the KeralaValue Added Tax Act, 2003 (KVAT Act). Since the petitioner has got remedy of appeal against such order as provided under Section 62 of the KVAT Act, the writ petition is not maintainable.
Having confronted with the above situation learned counsel for the petitioner sought permission for withdrawing the writ petition without prejudice to their rights to file statutory appeal.
Operative part
Accordingly the writ petition is dismissed as withdrawn without prejudice to right of the petitioner to approach the appellate authority. C.K.ABDUL REHIM, JUDGE.okb
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly the writ petition is dismissed aswithdrawn without prejudice to right of the petitioner toapproach the appellate authority
Which statutory provisions did this judgment involve?
KeralaValue Added Tax Act, 2003 — s. 94.
Which court decided this case, and when?
Kerala High Court, on 25 Nov 2009. The bench was C K ABDUL REHIM.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.