High Court Kerala High Court

M.T.Muhammed Kunhi Haji vs The Sales Tax Officer on 12 October, 2010

Kerala High Court
M.T.Muhammed Kunhi Haji vs The Sales Tax Officer on 12 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30882 of 2010(I)


1. M.T.MUHAMMED KUNHI HAJI,
                      ...  Petitioner

                        Vs



1. THE SALES TAX OFFICER,
                       ...       Respondent

2. COMMERCIAL TAX OFFICER-1,

3. THE TAHSILDAR,

                For Petitioner  :SRI.A.K.ABDUL AZEEZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :12/10/2010

 O R D E R
                         C.K.ABDUL REHIM, J
                   ---------------------------
                     W.P(C) No.30882 of 2010-I
                   ----------------------------
              Dated this the 12th day of October, 2010.

                           J U D G M E N T

Challenge in this writ petition is against Ext.P4 order of

assessment finalised with respect to the year 2006-07. It is noticed

that the petitioner has got an effective alternate remedy of statutory

appeal against Ext.P4, as provided under the Kerala Value Added

Tax Act (KVAT Act). Hence it is not proper for this Court to

entertain the writ petition. It is stated that on receipt of Ext.P4, the

petitioner had submitted Ext.P6 petition seeking modification of the

assessment. But it is noticed that once the assessment order is

passed, the authority will become ‘functus officio’ and he could not

entertain any such petition.

2. Having confronted with the above situation, learned

counsel for the petitioner submitted that the petitioner will take

immediate steps for filing statutory appeal against Ext.P4, before

the appropriate authority. On that basis the petitioner seeks

indulgence of this Court to restrain the coercive steps of recovery

which is initiated pursuant to Ext.P7 notice for a reasonable period.

W.P(C) No.30882 of 2010-I 2

3. Having considered the facts and circumstances, I am of

the opinion that the petitioner can be relegated to the appellate

authority. In order to facilitate the petitioner to file proper appeal

before the authority concerned and to move before such authority

seeking appropriate interim reliefs, coercive steps of recovery now

initiated pursuant to Ext.P7 is directed to be kept in abeyance for a

period of one month from today.

The writ petition is disposed of with the above observations.

Sd/-

C.K.ABDUL REHIM
JUDGE

//True Copy//

P.A to Judge
ab

W.P(C) No.30882 of 2010-I 3