High Court Kerala High Court

A.Santhosh Kumar vs The Inspecting Assistant … on 16 January, 2009

Kerala High Court
A.Santhosh Kumar vs The Inspecting Assistant … on 16 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 864 of 2009(C)


1. A.SANTHOSH KUMAR, ARAKKAM HOUSE,
                      ...  Petitioner

                        Vs



1. THE INSPECTING ASSISTANT COMMISSIONER,
                       ...       Respondent

2. THE COMMERCIAL TAX OFFICER, IST CIRCLE,

3. THE COMMERCIAL TAX OFFICER,

                For Petitioner  :SRI.V.P.SUKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :16/01/2009

 O R D E R
                                  K.M.JOSEPH, J.
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                            WP.(C) No. 864 of 2009
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                      Dated this the 16th day of January, 2009

                                     JUDGMENT

Exts.P3 and P4 are challenged. They are assessments

completed purportedly under Section 17D of the Kerala General Sales Tax

Act. Petitioner has essentially two contentions. Complaints of the petitioner

are as follows:

There is no pre-assessment notice issued. It is further

contended that the law contemplates that in the case of assessment there

should be one Assistant Commissioner and three Commercial Tax Officers.

In the case of the impugned orders, it is patently illegal as it is passed only

by three officers including Inspecting Assistant Commissioner.

2. I heard learned Government Pleader also. The Government

Pleader also is not in a position to sustain the orders as palpably the orders

are passed by a team of officers, which is not in conformity with the legal

requirements. He points out that the notice was issued under Section 17D

on 14.7.2008 and the petitioner did not appear or produce any documents.

3. There is a contention for the petitioner that Ext.P3 notice is

issued by the Commercial Tax Officer, even though it can be signed by one

of the members, it has to be approved by all the members of the team.

WPC.864/2009. 2

In the light of the fact that Exts.P3 and P4 are passed by a team,

which contravenes the requirements of law, Exts.P3 and P4 are liable to be

interfered with. I accordingly quash Exts.P3 and P4. The matter will be re-

done by a properly constituted team in accordance with law within a period

of two months from the date of production of a copy of this judgment.

(K.M. JOSEPH, JUDGE)

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