High Court Kerala High Court

Mm/S.Anupam Motors vs Commercial Tax Officer on 26 October, 2009

Kerala High Court
Mm/S.Anupam Motors vs Commercial Tax Officer on 26 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30190 of 2009(P)


1. MM/S.ANUPAM MOTORS, IQBAL ROAD, NORTH
                      ...  Petitioner

                        Vs



1. COMMERCIAL TAX OFFICER, HOSDURG.
                       ...       Respondent

2. DEPUTY COMMISSIONR (APPEALS),

3. INSPECTING ASSISTANT COMMISSIONR,

                For Petitioner  :SRI.N.MURALEEDHARAN NAIR

                For Respondent  : No Appearance

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

 Dated :26/10/2009

 O R D E R
                  C.K. ABDUL REHIM, J.
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                  W.P.(C)No. 30190 of 2009
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          Dated this the 26th day of October, 2009

                         J U D G M E N T

1. Aggrieved by Exts.P1 & P2 orders of assessment

pertaining to the year 2005-06 & 2007-08 petitioner had

filed appeals before the 2nd respondent as evidenced from

Exts.P3 & Ext.P4, respectively. The petitioner had also

preferred Exts.P5 & P6 stay petitions along with the appeals

seeking stay of collection of tax amount in dispute, pending

disposal of the appeals. It is submitted that appeals as well

as the accompanying petitions are pending consideration

and disposal before the 2nd respondent.

2. Contention of the petitioner is that the returns

filed with respect to the years concerned were rejected only

on the ground that the petitioner had declared low gross

profit. The petitioner is relying a decision of this court in

Classic Marbles Vs. State of Kerala ( (2009) 25 VST 295),

wherein this court held that mere ipse dixit of the assessing

W.P.(C)No. 30190 of 2009
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authority that in the line of business in which the assessee

is carrying on, the gross profit must be on a higher side, is

not a reason for rejecting the books of accounts, without

there being any convincing material to show that the

assessee had in fact suppressed actual profit. Under such

circumstances the petitioner is seeking direction for early

disposal of the appeal and to keep in abeyance further steps

of recovery till then.

3. Having considered facts and circumstances of the

case, I am of the opinion that the writ petition can be

disposed of directing the appellate authority to consider and

dispose of the appeals as well as stay petitions, taking note

of all contentions raised by the petitioner including the

contention based on the ruling of this court.

4. Therefore the 2nd respondent is directed to

consider and pass orders on Exts.P5 & P6 stay petitions

after affording an opportunity of hearing to the petitioner,

and after adverting all the contentions raised by the

petitioner against the assessment. The orders in this regard

W.P.(C)No. 30190 of 2009
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shall be passed as early as possible, at any rate within a

period of one month from the date of receipt of copy of this

judgment. The respondents are directed to keep in

abeyance all further steps for realization of the amounts

covered under Ext.P1 & P2 order of assessments till the

2nd respondent passes orders on the stay petitions.

5. It is further directed that the 2nd respondent shall

also take all earnest efforts for an early disposal of the

appeals as early as possible, thereafter.

C.K. ABDUL REHIM
JUDGE

shg/