High Court Kerala High Court

Chacko Plackattu vs The Commercial Tax Officer on 20 August, 2009

Kerala High Court
Chacko Plackattu vs The Commercial Tax Officer on 20 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22854 of 2009(B)


1. CHACKO PLACKATTU,
                      ...  Petitioner

                        Vs



1. THE COMMERCIAL TAX OFFICER,
                       ...       Respondent

2. INSPECTING ASSISTANT COMMISSIONER,

3. THE COMMISSIONER,

                For Petitioner  :SRI.C.K.SASI

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :20/08/2009

 O R D E R
                  P.R. RAMACHANDRA MENON J.
                    ~~~~~~~~~~~~~~~~~~~~~~~
                     W.P. (C) No. 22854 of 2009
                    ~~~~~~~~~~~~~~~~~~~~~~~
               Dated, this the 20th day of August, 2009

                               JUDGMENT

The petitioner is challenging Ext.P7 series of assessment orders

passed by the second respondent; whereby huge liability is stated as

fixed on the petitioner. The learned counsel for the petitioner submits

that, the impugned orders are not correct or sustainable on many a

ground.

2. Heard the learned Government Pleader as well.

3.Obviously, Ext.P7 series orders have been passed under

Section 17 D by the members of the concerned team, shown as the

second respondent herein. However, the said orders also disclose that

the proceedings were finalized, invoking provision under Section 17 (3)

of the KGST Act, which do not go hand in hand, particularly in view of

the fact that under Section 17 (3) there is no question of any limitation

with regard to the addition of the escaped turnover; whereas the

position is entirely different under Section 17 D. On this score alone,

the impugned orders are liable to be set aside.

4. Yet another aspect is that, by virtue of the specific stipulation

under the statute, any order passed under Section 17 D has to be

under the signature of all the four members of the ‘Fast Track Team’,

as contemplated under Sub section 3. In the instant case, except for

WP (C) No. 22854 of 2009
: 2 :

Ext.P7 (a), all other impugned orders i.e Exts. P7(b), (c) and (d)

signature of only 3 members are there and and as such; these orders

cannot have any valid existence.

5. In the above facts and circumstances, the impugned orders

[Exts. P7(a), (b), (c) and (d)] are set aside and the concerned

respondent is hereby directed to reconsider the matter and pass

appropriate orders in accordance with law, either under Section 17 D or

under Section 17 (3), as the case may be, of course after giving an

opportunity of hearing to the petitioner, as expeditiously as possible, at

any rate within two months from the date of receipt of a copy of this

judgment. It is made clear that, since the impugned orders have been

set aside, all further coercive steps, stated as being pursued against the

petitioner, shall be kept in abeyance.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON, JUDGE

kmd