High Court Kerala High Court

Bharath Petroleum Corporation … vs Asst.Commissioner … on 3 July, 2009

Kerala High Court
Bharath Petroleum Corporation … vs Asst.Commissioner … on 3 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 618 of 2009()



1. BHARATH PETROLEUM CORPORATION LTD.
                      ...  Petitioner

                        Vs

1. ASST.COMMISSIONER (ASSESSMENT-I)
                       ...       Respondent

                For Petitioner  :SRI.K.SRIKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :03/07/2009

 O R D E R
              P.R.RAMAN & P.BHAVADASAN, JJ.

                   -------------------------------

           R.P.No.618 of 2009 in W.A.No.1201 of 2009

                   -------------------------------

                   Dated this the 3rd July, 2009

                            O R D E R

Raman, J.

Review petitioner who is the appellant in

W.A.No.1201 of 2009 seeks to review the judgment dated

16.6.2009. The writ petition itself is against an interim order

passed by the appellate authority under the CST, requiring the

appellant to remit 40% of the amount due as a condition to grant

stay. However, the learned Single Judge, while exercising the

discretion under Article 226 of the Constitution of India had

reduced the amount to 25%. We found no reason to interfere

with the judgment passed by the learned Single Judge. The

contention raised in the review petition is that being a Public

Sector Undertaking, in order to obtain a stay, a condition to pay

any portion of the amount cannot be insisted. Reliance is placed

on the decision of the Apex Court in Bharat Petroleum

RP.No.618 of 2009

2

Corporation Ltd. v. Commissioner of Sales Tax and others

(2008 (17) VST 162 (SC).

2. We have perused the judgment of the Apex

Court. The Apex Court no doubt considered whether in the

factual situation arisen in that case, a condition to remit any

amount should be imposed. It was held that the assessee was a

Public Sector Company selling Kerosene oil via Public Distribution

System route and the demand was for Rs.1.34 crores.

Therefore, requiring the appellant therein to insist for payment of

any portion of the amount, might affect the public distribution

system. No where it is said that a public sector undertaking is

entitled for a blanket stay, as of right. So, every case has to

be considered on its facts.

3. Further, in this case, what is disputed is the

amount of sales tax due not in connection with any Public

Distribution System and due to defective ‘C’ forms. Hence, we

find that the above decision has no application in this case.

Further, this is not a point urged either in the appeal or before

RP.No.618 of 2009

3

the learned Single Judge. As the review petition was filed urging

a ground bringing to the notice of this Court a decision of the

Supreme Court, we though it appropriate to consider the matter.

However, we find no merit in the review petition.

Accordingly, it is dismissed. But, we extend the time by two

weeks from today for compliance of the condition imposed by

the learned Single Judge.

P.R.RAMAN, JUDGE

P.BHAVADASAN , JUDGE.

nj.