High Court Kerala High Court

State Of Kerala vs M/S. Thyamala Tea Factory on 16 July, 2008

Kerala High Court
State Of Kerala vs M/S. Thyamala Tea Factory on 16 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 205 of 2005()


1. STATE OF KERALA, REPRESENTED BY
                      ...  Petitioner

                        Vs



1. M/S. THYAMALA TEA FACTORY, TEEKOY.
                       ...       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 :16/07/2008

 O R D E R
                          H.L.DATTU, C.J. & A.K.BASHEER, J.
                           -------------------------------------------------
                                S.T.Rev.No.205 of 2005 &
                               C.M.Appln.No.393 of 2005
                          --------------------------------------------------
                           Dated, this the 16th day of July, 2008

                                              ORDER

H.L.Dattu,C.J.

State being aggrieved by the orders passed by the Kerala Agricultural

Income Tax and Sales Tax Appellate Tribunal, Additional Bench, Kottayam in

T.A.No.295 of 1999 dated 16.11.2001 is before us in this revision petition.

(2) In filing the revision petition there is a delay of 918 days. To

condone the said delay, C.M.Appln.No.393 of 2005 is filed under section 5 of the

Limitation Act. Along with the said application a printed affidavit is filed before us. In

the said affidavit except stating that the papers were moving from table to table and

person to person, no other explanation is offered by the revenue for the delay in

filing the revision petition.

(3) The explanation offered by the petitioner for condonation of the

delay in filing the Sales Tax Revision case is wholly unsatisfactory. Therefore, the

delay in filing the revision petition cannot be condoned by us. Accordingly the

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

(4) Consequently the revision petition is also rejected.

Ordered accordingly.

H.L.DATTU
CHIEF JUSTICE

A.K.BASHEER
JUDGE
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