PUSHPAGIRI MEDICAL COLLEGE HOSPITAL versus THE COMMERCIAL TAX INSPECTOR

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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PUSHPAGIRI MEDICAL COLLEGE HOSPITAL v. THE COMMERCIAL TAX INSPECTOR - WP(C) No. 8477 of 2007(H) [2007] RD-KL 5696 (19 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8477 of 2007(H)

1. PUSHPAGIRI MEDICAL COLLEGE HOSPITAL,
... Petitioner

Vs

1. THE COMMERCIAL TAX INSPECTOR,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SMT.S.K.DEVI

For Respondent : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

Dated :19/03/2007

O R D E R

K.BALAKRISHNAN NAIR, J.

W.P.(C) No. 8477 of 2007

Dated this the 19th day of March, 2007.

JUDGMENT

The petitioner is a medical college hospital. It brought some goods from Pondicherry which are medical equipments. The goods have been detained on the ground that the non-liability to pay tax under the Kerala Value Added Tax Act has not been proved. Pursuant to the interim order of this Court the goods were released on executing a simple bond without sureties.

2. Heard learned Government Pleader for the respondents also. The goods are brought by the petitioner for its own use in the hospital. Therefore, Ext.P2 is unsustainable. So the bond executed by the petitioner shall be released and no further proceedings shall be initiated against the petitioner in relation to the goods covered by Ext.P2. Needless to say, the petitioner shall not make resale of the goods covered by Ext.P2. Writ petition is disposed of as above. K.BALAKRISHNAN NAIR, Judge. vns. 

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