ARUN MAJEED, vs. THE INCOME TAX OFFICER,

PDF · subscribers
WP(C)/35955/2023HC KeralaKLHC01081250202329 July 2024Bench: HONOURABLE MR. JUSTICE GOPINATH P.17 pages
AI SummaryRemanded

What did the High Court hold?

The High Court disposed of the writ petitions with a direction. The court noted the department's submission that many refunds have been paid and that any subsisting grievance regarding unpaid refunds should be addressed by the assessing authority. Accordingly, the court directed that if the petitioner approaches the jurisdictional assessing authority with details of refunds sanctioned but not yet paid, the authority shall decide on these claims within three months from the date of receiving a certified copy of the judgment. This decision will be made after providing an opportunity of hearing to the petitioner. The court did not decide on the merits of the individual refund claims but provided a procedural path for their resolution.

What were the facts?

The petitioner, Arun Majeed, acting as the Managing Partner for several Partnership Firms, filed three writ petitions before the High Court of Kerala. These petitions were filed due to the non-payment of refunds due to these firms for various assessment years, despite requests made to the Income Tax Department. The respondents are various Income Tax Officers and Principal Commissioners of Income Tax across different wards and circles in Kerala. The petitions were heard together, and the court considered submissions from both the petitioner's counsel and the department's Standing Counsel.

What were the issues?

1. Whether the Partnership Firms represented by the petitioner are entitled to receive the refunds due to them for various assessment years, which have allegedly not been paid despite requests? (Question of law and fact) Assessee's Contention: The petitioner argues that refunds due to the Partnership Firms have not been paid, causing a grievance. The petitioner approached the High Court seeking intervention for the release of these pending refunds. Revenue's Contention: The learned Standing Counsel for the department submitted that several refunds due to the petitioner have already been sanctioned and paid. If any specific amount remains unpaid, the petitioner should approach the assessing authority for consideration and decision in accordance with the law.

AI-generated summary — verify with the full judgment below

Heard together (4 matters)

WP(C) NO. 35946 OF 2023
TC NO. 34/71
WP(C).35955/2023
WP(C) NO. 35986 OF 2023

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946 WP(C) NO. 35946 OF 2023 PETITIONER: ARUN MAJEED, AGED 42 YEARS TC NO. 34/711, VELIYANNUR TEMPLE LANE, THRISSUR, PIN - 680021 BY ADVS. MEERA V.MENON R.SREEJITH K.KRISHNA PARVATHY MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, NON-CORP WARD 1 (1), INCOME TAX DEPARTMENT, C.R. BUILDINGS, I.S.PRESS ROAD, KOCHI, PIN - 682018 2 THE PRINCIPAL COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, C.ER. BUILDINGS, I.S. PRESS ROAD,KOCHI, PIN - 682018 OTHER PRESENT: SRI. CHRISTOPHER ABRAHAM (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2024, ALONG WITH WP(C).35955/2023, 35986/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos. 35946, 35955, 35986 of 2023 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946 WP(C) NO. 35955 OF 2023 PETITIONER: ARUN MAJEED, AGED 42 YEARS TC NO. 34/711, VELIYANNUR TEMPLE LANE, THRISSUR, PIN - 680021 BY ADVS. MEERA V.MENON R.SREEJITH K.KRISHNA PARVATHY MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 1 (3), INCOME TAX DEPARTMENT, AAYAKAR BHAVAN, THIRUVANANTHAPURAM, PIN - 695003 2 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1 (1), INCOME TAX DEPARTMENT, AAYAKAR BHAVAN, THIRUVANANTHAPURAM, PIN - 695003 3 THE INCOME TAX OFFICER, WARD -1, INCOME TAX DEPARTMENT, AAYAKAR BHAVAN, KOLLAM, PIN - 691001 4 THE PRINCIPAL COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, AYAKAR BHAVAN, THIRUVANANTHAPURAM, PIN - 695003 BY ADVS. CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT P.R.AJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2024, ALONG WITH WP(C).35946/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos. 35946, 35955, 35986 of 2023 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 29TH DAY OF JULY 2024 / 7TH SRAVANA, 1946 WP(C) NO. 35986 OF 2023 PETITIONER: ARUN MAJEED, AGED 42 YEARS TC NO. 34/711, "PALAK", VELIYANNUR TEMPLE LANE, THRISSUR, PIN - 680021 BY ADVS. MEERA V.MENON K.KRISHNA R.SREEJITH PARVATHY MENON RESPONDENTS: 1 THE INCOME TAX OFFICER, WARD 1 & TPS, INCOME TAX DEPARTMENT, GURUVAUYUR ,THRISSUR DISTRICT, PIN - 680101 2 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE (1) & TPS, INCOME TAX DEPARTMENT, AAYAKAR BHAVAN, S.T. NAGAR, THRISSUR, PIN - 680001 3 THE INCOME TAX OFFICER, WARD 1 (1), INCOME TAX DEPARTMENT, AAYAKAR BHAVAN, MANANCHIRRA, KOZHIKODE, PIN - 673001 4 THE INCOME TAX OFFICER, WARD 2 (1), INCOME TAX DEPARTMENT,AAYAKAR BHAVAN, S.T. NAGAR, THRISSUR, PIN - 680001 5 THE PRINCIPAL COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT, AYAKAR BHAVAN, MANACHIRRA, KOZHIKODE, PIN - 673001 BY ADV CHRISTOPHER ABRAHAM, INCOME TAX DEPARTMENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2024, ALONG WITH WP(C).35946/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) Nos. 35946, 35955, 35986 of 2023 4 GOPINATH P., J. - - - - - - - - - - - - - - - - - - - - - WP(C) Nos.35946, 35955 & 35986 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2024 JUDGMENT The petitioner is common in all these cases, though he represents different Partnership Firms as its Managing Partner in each writ petition. 2. The petitioner has approached this Court being aggrieved by the fact that certain amount of refund due to the Partnership Firms in question in respect of various assessment years has not been paid despite request. 3. The learned Standing Counsel appearing for the department would submit that several of the refunds due to petitioner have been sanctioned and paid and if the petitioner has any subsisting grievance regarding any particular amount that has not been received, the petitioner may approach the assessing authority, who will consider the claim of the petitioner and take a decision, in accordance with the law. 4. Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the

WP(C) Nos. 35946, 35955, 35986 of 2023 5 department, these writ petitions will stand disposed of directing that if the petitioner approaches the jurisdictional assessing authority with details of the refunds which have been sanctioned but not been paid so far, the jurisdictional assessing authority shall take a decision regarding the claims put forward by the petitioner, in accordance with the law, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a certified copy of this judgment. These writ petitions are disposed of accordingly. Sd/- GOPINATH P. JUDGE bng

WP(C) Nos. 35946, 35955, 35986 of 2023 6 APPENDIX OF WP(C) 35955/2023 PETITIONER EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KESAVADASAPURAM SEVENA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P2 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KILLIPPALAM SEVENA MEDICINES FOR THE YEAR 2009-10 DTD. 07-05-2018 EXHIBIT P3 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KILLIPPALAM SEVENA MEDICINES FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P4 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KILLIPPALAM SEVENA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P5 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KILLIPPALAM SEVENA MEDICINES FOR THE YEAR 2012-103DTD. 07-05-2018 EXHIBIT P6 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KILLIPPALAM SEVENA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P7 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KILLIPPALAM SEVENA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P8 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOLLAM SEVENA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P9 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX,

WP(C) Nos. 35946, 35955, 35986 of 2023 7 CENTRAL CIRCLE, THRISSUR TO M/S. KOLLAM SEVENA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P10 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOLLAM SEVENA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P11 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOLLAM SEVENA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P12 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGASRDS M/S. KESAVADASAPURAM SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P13 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AS REGASRDS M/S. KILLIPPALAM SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P14 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 22-08-2023

WP(C) Nos. 35946, 35955, 35986 of 2023 8 APPENDIX OF WP(C) 35986/2023 PETITIONER EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M./S. EDAPPAL KARUNYA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P2 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M./S. EDAPPAL KARUNYA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P3 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. EDAPPAL KARUNYA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P4 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M./S. EDAPPAL KARUNYA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P5 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. A.M. PHARMACEUTICALS INDIA PVT. LTD. FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P6 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. A.M. PHARMACEUTICALS INDIA PVT. LTD. FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P7 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. A.M. PHARMACEUTICALS INDIA PVT. LTD. FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P8 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. NEW BUS STAND SEVANA MEDICINES FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P9 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX,

WP(C) Nos. 35946, 35955, 35986 of 2023 9 CENTRAL CIRCLE, THRISSUR TO M/S. NEW BUS STAND SEVANA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P10 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. NEW BUS STAND SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P11 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. NEW BUS STAND SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P12 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. NEW BUS STAND SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P13 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALAYAM SEVANA MEDICINES FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P14 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALAYAM SEVANA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P15 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALAYAM SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P16 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALAYAM SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P17 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALAYAM SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P18 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S.

WP(C) Nos. 35946, 35955, 35986 of 2023 10 SEVANA MEDICINES , KALOOR FOR THE YEAR 2008-09 DTD. 07-05-2018 EXHIBIT P19 OPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES , KALOOR FOR THE YEAR 2009-10 DTD. 07-05-2018 EXHIBIT P20 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES , KALOOR FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P21 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES , KALOOR FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT 22 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES , KALOOR FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P23 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES , KALOOR FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P24 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES , KALOOR FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P25 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOTTAYAM SEVANA MEDICINES FOR THE YEAR 2009-10 DTD. 07-05-2018 EXHIBIT P26 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOTTAYAM SEVANA MEDICINES FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P27 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOTTAYAM SEVANA MEDICINES FOR THE YEAR

WP(C) Nos. 35946, 35955, 35986 of 2023 11 2011-12 DTD. 07-05-2018 EXHIBIT P28 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOTTAYAM SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P29 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOTTAYAM SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P30 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KOTTAYAM SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P31 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES, CHALAKUDY FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P32 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES , CHALAKUDY FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P33 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES, CHALAKUDY FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P34 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES, CHALAKUDY FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P35 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. SEVANA MEDICINES, CHALAKUDY FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P36 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ROUND SOUTH SEVANA PHARMA FOR THE YEAR 2008- 09 DTD. 07-05-2018

WP(C) Nos. 35946, 35955, 35986 of 2023 12 EXHIBIT P37 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ROUND SOUTH SEVANA PHARMA FOR THE YEAR 2009- 10 DTD. 07-05-2018 EXHIBIT P38 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ROUND SOUTH SEVANA PHARMA FOR THE YEAR 2010- 11 DTD. 07-05-2018 EXHIBIT P39 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ROUND SOUTH SEVANA PHARMA FOR THE YEAR 2011- 12 DTD. 07-05-2018 EXHIBIT P40 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ROUND SOUTH SEVANA PHARMA FOR THE YEAR 2012- 13 DTD. 07-05-2018 EXHIBIT P41 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ROUND SOUTH SEVANA PHARMA FOR THE YEAR 2013- 14 DTD. 07-05-2018 EXHIBIT P42 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ROUND SOUTH SEVANA PHARMA FOR THE YEAR 2014- 15 DTD. 07-05-2018 EXHIBIT P43 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. A M ALUMINIUM FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P44 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGARDS M/S. EDAPPAL KARUNYA MEDICINES DTD. 22-01-2022 EXHIBIT P45 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AS REGARDS M/S. A.M. PHARMACEUTICALS INDIA POVT.LTD.DTD. 22-01-2022 EXHIBIT P46 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AS REGARDS M/S. PALAYAM SEVANA

WP(C) Nos. 35946, 35955, 35986 of 2023 13 MEDICINES DTD. 22-01-2022 EXHIBIT P47 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AS REGARDS M/S. SEVANA MEDICINES, KALOOR DTD. 22-01-2022 EXHIBIT P48 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AS REGARDS M/S. KOTTAYAM SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P49 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AS REGARDS M/S. SEVANA MEDICINES, CHALAKUDY DTD. 22-01-2022 EXHIBIT P50 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AS REGARDS M/S. ROUND SOUTH SEVANA MEDICINES, DTD. 22-01-2022 EXHIBIT P51 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AS REGARDS M/S. AM ALUMINIUM DTD. 22- 01-2022 EXHIBIT P52 COPY OF APPLICATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DTD. 22-08-2023

WP(C) Nos. 35946, 35955, 35986 of 2023 14 APPENDIX OF WP(C) 35946/2023 PETITIONER EXHIBITS EXHIBIT P1 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. THOPPUMPADY SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P2 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. EDAPPALLY TOLL SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P3 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KADAVANTHRA SEVANA MEDICINES FOR THE YEAR 2008-09 DTD. 07-05-2018 EXHIBIT P4 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KADAVANTHRA SEVANA MEDICINES FOR THE YEAR 2009-10 DTD. 07-05-2018 EXHIBIT P5 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KADAVANTHRA SEVANA MEDICINES FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P6 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KADAVANTHRA SEVANA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P7 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KADAVANTHRA SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P8 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. KADAVANTHRA SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P9 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX,

WP(C) Nos. 35946, 35955, 35986 of 2023 15 CENTRAL CIRCLE, THRISSUR TO M/S. KADAVANTHRA SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P10 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. HIGH COURT JUNCTION SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P11 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. HIGH COURT JUNCTION SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P12 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. HIGH COURT JUNCTION SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P13 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ANGAMALI SEVANA MEDICINES FOR THE YEAR 2010-11 DTD. 07-05-2018 EXHIBIT P14 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ANGAMALI SEVANA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P15 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ANGAMALI SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P16 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ANGAMALI SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P17 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. ANGAMALI SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P18 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S.

WP(C) Nos. 35946, 35955, 35986 of 2023 16 TRIPUNITHURA SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P19 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. TRIPUNITHURA SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P20 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. TRIPUNITHURA SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P21 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALARIVATTOM SEVANA MEDICINES FOR THE YEAR 2011-12 DTD. 07-05-2018 EXHIBIT P22 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALARIVATTOM SEVANA MEDICINES FOR THE YEAR 2012-13 DTD. 07-05-2018 EXHIBIT P23 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALARIVATTOM SEVANA MEDICINES FOR THE YEAR 2013-14 DTD. 07-05-2018 EXHIBIT P24 COPY OF ASSESSMENT ORDER ISSUED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR TO M/S. PALARIVATTOM SEVANA MEDICINES FOR THE YEAR 2014-15 DTD. 07-05-2018 EXHIBIT P25 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGARDS THE THOPPUMPADY SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P26 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGARDS THE EDAPPALLY TOLL SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P27 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGARDS THE KADAVANTHRA SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P28 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

WP(C) Nos. 35946, 35955, 35986 of 2023 17 AS REGARDS THE HIGH COURT JUNCTION SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P29 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGARDS THE ANGAMALI SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P30 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGARDS THE THRIPUNITHURA SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P31 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS REGARDS THE PALARIVATTOM SEVANA MEDICINES DTD. 22-01-2022 EXHIBIT P32 COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 22-08-2023

Recent GST High Court judgments

Search GST case law →