High Court Kerala High Court

Chemical Engg Corporation (P) Ltd vs Salestax Officer on 7 January, 2008

Kerala High Court
Chemical Engg Corporation (P) Ltd vs Salestax Officer on 7 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 17597 of 2001(T)



1. CHEMICAL ENGG CORPORATION (P) LTD
                      ...  Petitioner

                        Vs

1. SALESTAX  OFFICER
                       ...       Respondent

                For Petitioner  :SMT.S.K.DEVI

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :07/01/2008

 O R D E R
                  C.N.RAMACHANDRAN NAIR, J.

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                     O.P.No. 17597 of 2001 (T)
                  ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

               Dated this the 7th day of January, 2008

                         J U D G M E N T

The petitioner’s challenge is against levy of penalty, under

Section 45AA of the Kerala Sales Tax Act, for the year 1997-98.

Counsel for the petitioner contended that non payment of tax was

not deliberate because the petitioner was successfully contesting

demanded tax in appeals. However, Government Pleader,

Smt.Smitha Sukumaran submitted that penalty was levied on

account of chronic default. Even at this stage, it is not known

whether the tax with interest is paid by the petitioner and whether

the tax demand is sustained by the tribunal. However, it is stated

in the O.P that appeal against assessment is pending in tribunal for

1997-98. In the circumstances, I direct the first respondent to

verify the ultimate demand of tax sustained by the Tribunal and if

petitioner already remitted the entire tax with interest under

Section 23(3) of the K.G.S.T Act from the date of original demand,

penalty levied under Section 45AA of the K.G.S.T. Act shall stand

O.P.No.17597 of 2001 (T)
-: 2 :-

reduced to Rs.25,000/- (Rupees twenty-five thousand only).

However, if the petitioner has not so far remitted the sustained

demand with interest, full penalty will stand sustained.

O.P is disposed of as above.

C.N.RAMACHANDRAN NAIR,
Judge
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