2018 Taxo.online 473

WP(C).No. 37273 of 2018 dated 16.11.2018





Central Goods and Service Tax Act, 2017

Dama Seshadri Naidu, Justice

In favour of assessee

High Court


Represented by: – 

Petitioner: – Sri.Bobby John 

Respondent: – Smt.M.M.Jasmine 

Order: – 

The petitioner, a registered dealer under the KGST Act on the rolls of the 1st respondent, questioned the Ext.P1 assessment order, before the 2nd respondent. The petitioner has also filed a stay petition in the appeal. Ventilating its grievance that the authorities are taking coercive steps before the appellate authority could consider the stay petition, the petitioner has filed this writ petition.  

  1. Heard the learned counsel for the petitioner and the learned Government Pleader. 
  2. I reckon the petitioner has exercised on time its statutory remedy of filing an appeal. It appears that it has also filed a stay petition. Procedural fairness demands that the authorities may wait, before taking further steps, until the appellate authority decides on the stay petition. 

Therefore, I dispose of the writ petition directing the respondent authority to defer coercive steps until the 2nd respondent considers the stay petition. I also hope that the 2nd respondent will dispose of the stay petition expeditiously. 

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