High Court Kerala High Court

B.Surendra Das vs The State Of Kerala on 8 December, 2009

Kerala High Court
B.Surendra Das vs The State Of Kerala on 8 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33095 of 2009(F)


1. B.SURENDRA DAS,S/O.LATE.BHANU PANICKER,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,REPRESENTED BY THE
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS),

3. THE COMMERCIAL TAX OFFICER(AUDIT

4. THE SALES TAX OFFICER,NEYYATTINKARA,

                For Petitioner  :SRI.K.B.PRADEEP

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :08/12/2009

 O R D E R
                  C.K. ABDUL REHIM, J.
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                  W.P.(C)No. 33095 of 2009
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          Dated this the 8th day of December, 2009


                         J U D G M E N T

1. With respect to assessment completed for the

year 1993-94, in relation to a partnership firm to which the

petitioner herein is the managing partner, the Sales Tax

Appellate Tribunal has issued Ext.P1 order, wherein the

appeal is partly allowed and the assessing authority was

directed to finalise the assessment giving reduction in the

matter of additions made, as directed therein. Grievance of

the petitioner is that the assessing authority is not issuing

modified orders consequent to Ext.P1, inspite of the fact

that the Tribunal had passed Ext.P1 order as early as in

September 2005. Further grievance of the petitioner is that

the 4th respondent is not issuing clearance certificate for the

petitioner to avail Bank loan, on the ground that arrears

pertaining to the subsequent years is pending in appeal.

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2. In a statement filed on behalf of the 1st respondent

it is contented that the 4th respondent is not in a position to

issue the Non-Liability Certificate as requested, because the

petitioner is in huge arrears by way of tax and penalty with

respect to various years from 2003-04 to 2009-2010. Under

such circumstances, I am of the opinion that no direction

can be issued against the 4th respondent for granting

Non-Liability Certificate as requested by the petitioner.

3. However there is no justification for not modifying

the assessment, pursuant to Ext.P1. In this regard the

petitioner had submitted Exts.P2 & P3 requests before the

4th respondent. But the 4th respondent has not so far taken

any steps in this regard.

4. Under such circumstances, the writ petition is

disposed of directing the 4th respondent to consider and

pass appropriate orders on the basis of Exts.P2 & P3

requests, giving effect to Ext.P1 appellate order, as early as

W.P.(C)No. 33095 of 2009
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possible, at any rate within a period of one month from the

date of receipt of a copy of this judgment.

C.K. ABDUL REHIM
JUDGE

shg/