High Court Kerala High Court

State Of Kerala vs M/S. Carrier Aircon Ltd on 17 March, 2008

Kerala High Court
State Of Kerala vs M/S. Carrier Aircon Ltd on 17 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST Rev No. 87 of 2008()


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

                        Vs



1. M/S. CARRIER AIRCON LTD.,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :17/03/2008

 O R D E R
                      H.L.DATTU,C.J. & K.T.SANKARAN, J.
                      ----------------------------------------------------
                             S.T.REV. NO. 87 OF 2008
                                             and
                            C.M.APPL.NO. 182 OF 2008
                      ----------------------------------------------------
                         Dated this the 17th March, 2008

                                      O R D E R

H.L.DATTU, C.J.

This Sales Tax Revision is directed against the orders passed by the

Kerala Sales Tax Appellate Tribunal, Additional Bench – I, Ernakulam in

T.A.No.173 of 2003 dated 14.7.2004, for the assessment year 1997-98.

2. In filing the Revision, there is an enormous delay of 1127 days. To

condone the said delay, the petitioner has filed an application under section 5

of the Limitation Act. Along with that application an affidavit is also filed.

3. We have carefully perused the explanation offered by the petitioner

in the affidavit for condonation of delay. The explanation offered, in our view, is

wholly unsatisfactory. Therefore, the delay in filing the Revision cannot be

condoned by us. Accordingly, the application for condonation of delay in filing

the Revision is rejected.

4. Consequent to the dismissal of the application for condonation of

delay in filing the Revision, the Sales Tax Revision also stands rejected.

Ordered accordingly.

(H.L.DATTU)
Chief Justice

(K.T.SANKARAN)
Judge
ahz/