High Court Kerala High Court

State Of Kerala vs K.M.Dasan on 16 September, 2008

Kerala High Court
State Of Kerala vs K.M.Dasan on 16 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 255 of 2008()



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. K.M.DASAN
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :16/09/2008

 O R D E R
               H.L.DATTU, C.J. & A.K.BASHEER, J.
              ------------------------------------------------------
                        S.T.Rev.No.255 of 2008 &
                       C.M.Appln.No.833 of 2008
                  ---------------------------------------------
              Dated, this the 16th day of September, 2008

                                  O R D E R

H.L.Dattu, C.J.

This revision petition is filed against the orders passed by

the Kerala Agricultural Income Tax and Sales Tax Appellate Tribunal,

Additional Bench, Palakkad in T.A.No.144/2006 & C.O.17/2006 dated

20th January, 2007.

2. In filing the revision, there is a delay of 300 days.

Therefore, an application under Section 5 of the Limitation Act is filed to

condone the delay in filing the revision petition.

3. Along with the application for condoning the delay, the

applicant has filed an affidavit. In the said affidavit it is stated that, the

order of the Tribunal dated 20.1.2007 was received in the office of the

Joint Commissioner of Law only on 19.3.2007. It is stated that since the

Intelligence Officer, Investigation, Thrissur has completed the

assessment, the said officer was required to furnish the details of the

assessments and also his opinion. It is stated that on receipt of the

opinion from the assessing authority, the order of the Tribunal was

S.T.Rev.No. 255 of 2008 -2-

placed before the office of the Advocate General on 6.8.2007 for legal

opinion.

4. It is further stated that the order of the Tribunal was

placed before the Special Government Pleader (Taxes) for legal opinion

and scope for filing a Tax Revision Case on 6.8.2007. It is stated that

meanwhile the office of the Special Government Pleader (Taxes) was

vacant due to resignation. On 20.8.2007, the Government appointed

three Government Pleaders for conducting the tax cases and the file then

submitted before the newly appointed Government Pleaders (Taxes) on

21.8.2007. Considering the entire facts and consideration of the case and

legal position, the Government Pleader suggested the scope for revision

and instructed the Department to make available the back records of the

case. It is further stated that since the impugned order relates to

altogether 37 appeals, the assessing authority has to trace out the files

regarding the assessment proceedings against each one of the dealers and

also to prepare the reports. The records made available by the assessing

authority was forwarded to the office of the Government Pleader on

29.9.2007.

5. It is also stated in the affidavit that, since there were

altogether 37 appeals against which the impugned common order was

S.T.Rev.No. 255 of 2008 -3-

passed by the Tribunal, detailed examinations of the assessment records

were highly necessary to prepare the tax revision case. It is further stated

that the Government Pleader, while preparing the Tax Revision, took

some time because of overcrowding of case files in his office. Along

with the administrative work, he was entrusted the regular court works

also. It is also stated that the section consumed some time for

preparation of paper books with memorandum of revision, assessment

order, first appellate order and also the impugned Tribunal order and

submitted the paper books for signature of the Government Pleader on

10.10.2007. After signature of the paper book, the file was submitted the

learned Additional Advocate General for approval. After obtaining the

approval, 20 revisions were filed on 17.10.2007. However by oversight

17 revisions were omitted to be filed. The present revision is filed only

on 9.4.2008. It is also stated that delay is not wilful or deliberate.

6. The explanation offered by the petitioner for

condonation of the delay in filing the Sales Tax Revision case is wholly

unsatisfactory. We do not mean that the Revenue has to explain each

day’s delay. But, they are supposed to satisfactorily explain the delay

that occurred between 19.3.2007 and 6.8.2007 and also between

17.10.2007 and 9.4.2008. Therefore, the delay in filing the revision

S.T.Rev.No. 255 of 2008 -4-

petition cannot be condoned by us. Accordingly the application for

condonation of delay requires to be rejected and it is rejected.

7. Consequently the revision petition is also rejected.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

MS