IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5097 of 2007(F)
1. M/S.ANANTHAPURI HOSPITAL AND
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. COMMERCIAL TAXES INSPECTOR,
For Petitioner :SRI.C.S.MANU
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :27/06/2008
O R D E R
KURIAN JOSEPH, J.
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W.P(C) No.5097 of 2007
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Dated this the 27th day of June, 2008
JUDGMENT
The prayer is for refund of the entry tax. The issue is
covered in favour of the petitioner by the decision reported in
Thressiamma L.Chirayil v. State of Kerala, 2007(1) KLT 303. The
learned Government Pleader submits that the matter is now
pending before the Supreme Court. But there is no interim order.
Therefore, there will be a direction to the respondent to refund
the tax collected from the petitioner within a period of three
months from the date of production of a copy of this judgment.
However, it is made clear that in case the decision of the
Supreme Court goes against the petitioner it shall be bound to
refund the amount. The question of interest is left open.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
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W.P(C).No.5097 of 2007
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JUDGMENT
27th June, 2008