High Court Kerala High Court

Kerala Water Authority vs State Of Kerala on 26 November, 2010

Kerala High Court
Kerala Water Authority vs State Of Kerala on 26 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 245 of 2010()


1. KERALA WATER AUTHORITY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.V.CHITAMBARESH (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :26/11/2010

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                       BHABANI PRASAD RAY, JJ.
               ....................................................................
                           S.T. Rev. No.245 of 2010
               ....................................................................
              Dated this the 26th day of November, 2010.

                                      JUDGMENT

Ramachandran Nair, J.

Revision case is filed by Kerala Water Authority which is a

statutory body under the control of the Government. The Kerala Water

Authority as such is assessed for sales tax by the Sales Tax Officer, Ist

Circle, Trivandrum. Even though the unit at Kollam which has filed

this revision has got a separate registration from 2000 onwards, the

Assessing Officer has made assessment this year for the period from

1989-90 to 1999-2000 for the reason that it had transactions attracting

tax during those years i.e. for period prior to taking separate

registration for the unit at Kollam. Even though the Tribunal has

remanded the cases for reconsideration by the Assessing Officer,

counsel for the petitioner submitted that inspite of a certificate obtained

and produced from the Assessing Officer at Trivandrum, the Assessing

Officer at Kollam declined exemption. Annexure-A certificate

produced by the petitioner in this court specifically states that

S.T. Rev. 245/10 2

assessment of the Kerala Water Authority as a whole is done upto the

year 1999-2000 by the Sales Tax Officer, First Circle, Trivandrum. In

the circumstances, we do not find any justification for proposing

separate assessment for a unit for any period prior to 1999-2000.

However, it is for the officer at Kollam to forward details of any

turnover or tax liability that is available with him for the Kollam unit,

to the Sales Tax Officer, Trivandrum, for him to recheck the

assessments completed and verify whether there is any escapement for

him to bring to tax any escaped turnover which is the procedure open to

the department to bring to tax escapement. S.T. Revision case is

disposed of by modifying the Tribunal’s order as above. If revised

assessment is issued by the officer ignoring the certificate issued by the

Sales Tax Officer, Trivandrum, he will cancel the same in rectification

proceedings based on this judgment. Petitioner will produce copy of

this judgment before the Officer at Kollam for compliance.

C.N.RAMACHANDRAN NAIR
Judge

BHABANI PRASAD RAY
Judge
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