High Court Kerala High Court

Msp Family Jain Trust vs State Of Kerala on 24 July, 2008

Kerala High Court
Msp Family Jain Trust vs State Of Kerala on 24 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25542 of 2005(N)


1. MSP FAMILY JAIN TRUST,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. AGRICULTURAL INCOMETAX & SALES TAX

3. THE DISTRICT COLLECTOR,

4. DEPUTY TAHSILDAR,

                For Petitioner  :SRI.P.V.JYOTHI PRASAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :24/07/2008

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                  --------------------------------------------
                       W.P.C. NO. 25542 OF 2005
                  --------------------------------------------
                 Dated this the 24th day of July, 2008

                                JUDGMENT

Heard counsel for the petitioner and Government Pleader. Even

though petitioner was granted exemption under Agricultural Income

Tax Act by this Court, Supreme Court reversed the judgment and held

that petitioner was not a charitable trust. Inspite of the decision of the

Supreme Court, assessments are not revised, is the case of the

petitioner. Even though this Court issued an interim order directing the

Officer to identify the status of the petitioner and make assessment,

Government Pleader submitted that the Officer has written to the

Government for clarification. I do not think Government has any role

under the AIT Act in adjudication proceedings and it is for the

assessing officer to identify as to who are the owners of the land and

make assessment after identifying the owners, whether it be private

trust, individuals, tenants-in-common or whatever be the ownership of

the property. W.P. is accordingly disposed of directing the second

respondent to complete the pending assessments after determining the

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status of the assessee and after issuance of pre-assessment notice and

after hearing the objections of the petitioner, within a period of four

months from now. Petitioner will produce a copy of this judgment

before the second respondent for compliance. Recovery proceedings

will be kept in abeyance until revised orders are issued by the second

respondent as directed above.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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