High Court Kerala High Court

M/S.Calcutta Tarpaulin Co vs The Commercial Tax Officer on 16 July, 2010

Kerala High Court
M/S.Calcutta Tarpaulin Co vs The Commercial Tax Officer on 16 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20625 of 2010(C)


1. M/S.CALCUTTA TARPAULIN CO.,
                      ...  Petitioner

                        Vs



1. THE COMMERCIAL TAX OFFICER,
                       ...       Respondent

2. FAST TRACK TEAM NO.V.,

3. STATE OF KERALA, REPRESENTED BY ITS

                For Petitioner  :SRI.HARISANKAR V. MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :16/07/2010

 O R D E R
                 P.R.RAMACHANDRA MENON, J
                    --------------------------------------------
                     WP(C) NO. 20625 OF 2010
                    --------------------------------------------

              Dated this the 16th day of July, 2010

                                JUDGMENT

The petitioner is challenging the correctness and sustainability of

Ext.P7 notice issued by the 1st respondent proposing to revise the

assessment, already finalized by the 2nd respondent/Fast Track Team

under Section 17 D of the KGST Act as borne by Ext.P2. The scope and

applicability of provision and the manner in which it has to be finalized

under Section 17D have been explained by this Court in decision reported

in Hindustan Petroleum Corporation Ltd. Vs. Assistant

Commissioner, Commercial Taxes, Ernakulam and others [2009 (4)

KHC 819].

2. The case of the petitioner is that, the proceedings having

become final by virtue of Ext.P2 order passed by the 2nd respondent/Fast

Track Team, there is absolutely no competence, jurisdiction or authority

for the 1st respondent, who was only one of the four members of the Fast

Track Team, to have issued Ext.P7 seeking to re-open the assessment

made by the team, which hence is under challenge.

3. Heard the learned Government Pleader as well.

4. Considering the materials on record, this Court finds

considerable force in the submission made from the part of the petitioner,

2
WP(C) No. 20625/2010

obviously for the reason that Ext.P7 order issued by one of the officers of

the Fast Track Team cannot override the scope and effect of Ext.P2 order.

If at all Ext.P2 is to be varied in any manner, it could be done only by the

2nd respondent/Fast Track Team in accordance with the relevant provisions

of law. In the said circumstance, Ext.P7 is set aside without expressing

anything as to the merits; however making it clear that, this will not bar the

way of 2nd respondent in taking further steps, if at all Ext.P2 is intended to

be varied and if the same is permissible under the relevant provisions of

law.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON
JUDGE
dnc