High Court Kerala High Court

Pareeth Muhammed vs Intelligence Officer on 13 January, 2010

Kerala High Court
Pareeth Muhammed vs Intelligence Officer on 13 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35305 of 2009(G)


1. PAREETH MUHAMMED, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. INTELLIGENCE OFFICER,
                       ...       Respondent

2. COMMERCIAL TAX OFFICER,

                For Petitioner  :SRI.S.ANIL KUMAR (TRIVANDRUM)

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :13/01/2010

 O R D E R
                      C.K.ABDUL REHIM, J.
                      ------------------------------
                   W.P.(C).No.35305 OF 2009
                      ------------------------------
           Dated this the 13th day of January, 2010

                          J U D G M E N T

———————-

1. Penalty under Section 67(1) of the Kerala Value

Added Tax Act, 2003 (KVAT Act) was imposed on the petitioner

for the year 2007-08 subsequent to an inspection conducted by

the Intelligence Squad of the Commercial Tax Department. The

petitioner is conducting a granite crushing unit and producing

crushed metals from granite rubbles purchased. Contention of

the petitioner is that on the basis of the inspection conducted

turnover of the petitioner was estimated in an arbitrary manner

assuming that power consumption of the industry will be 18

units per hour and calculating production based on such power

consumption presumed without conducting any test running or

without making any scientific study. Further, the entire stock

found at the time of inspection was treated as excess stock.

According to the petitioner the imposition of penalty was totally

without jurisdiction since no conclusive evidence of any

suppression was detected. Therefore Ext.P6 order is challenged

in this writ petition without filing statutory appeal.

2. However, during pendency of the writ petition the

petitioner had produced Ext.P8, copy of appeal memorandum

and Ext.P9, copy of delay condonation petition filed before the

W.P.(C).35305/09- 2

appellate authority, the additional 3rd respondent impleaded

herein, and also amended the writ petition seeking appropriate

reliefs for disposal of the statutory appeal.

3. Since the appeal filed along with petition seeking

condonation of delay is pending adjudication before the

additional 3rd respondent, I am of the opinion that the writ

petition can be disposed of on issuing necessary direction for

disposal of those matters by the appellate authority.

4. Accordingly the 3rd respondent is directed to consider

and pass orders on Ext.P9 application filed seeking condonation

of delay in filing the appeal, after affording an opportunity of

hearing to the petitioner, as early as possible, at any rate within

a period of one month from the date of receipt of a copy of this

judgment. If delay in filing the appeal is condoned and if the

appeal is admitted on the files, the 3rd respondent shall consider

the appeal and dispose of the same within one month thereafter.

5. The respondents are directed to keep coercive steps

of recovery of amounts covered under Ext.P6 in abeyance, till the

disposal of the matter by the 3rd respondent as directed above.

C.K.ABDUL REHIM, JUDGE.

okb