High Court Kerala High Court

City Glass & Glazing (P) Ltd vs Asst.Commissioner on 7 September, 2007

Kerala High Court
City Glass & Glazing (P) Ltd vs Asst.Commissioner on 7 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24658 of 2007(I)


1. CITY GLASS & GLAZING (P) LTD.,
                      ...  Petitioner

                        Vs



1. ASST.COMMISSIONER, KVAT, SPL.CIRCLE-1,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.VIJAYAN. K.U.

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :07/09/2007

 O R D E R
                   C.N.RAMACHANDRAN NAIR, J.
                   -----------------------------------
                      WP(C) No. 24658 of 2007
                        -------------------------
            Dated, this the 7th day of September, 2007

                            J U D G M E N T

Petitioner is challenging Ext.P7 order whereunder registrations

granted to the petitioner under the KVAT and CST Act are cancelled.

However, it is seen from Ext.P6 reply filed by the petitioner that

petitioner admitted that business was not commenced in spite of

granting of registration w.e.f. 01/04/2006. The only case pointed

out by the petitioner is payment of Rs. 5,740/- towards tax for one

single transaction. I do not think challenge against cancellation of

registration is maintainable because going by petitioner’s own

admission business was not commenced and therefore petitioner is

not entitled to retain registration. However, I make it clear that as

and when petitioner commences business on regular basis,

respondents should grant registration on petitioner’s application

without delay subject to petitioner’s compliance with the formalities.

This writ petition is disposed of as above.

(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg