High Court Kerala High Court

M/S.Rubber Coats (India) vs Commerical Taxes Officer on 14 November, 2007

Kerala High Court
M/S.Rubber Coats (India) vs Commerical Taxes Officer on 14 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 18769 of 1998(H)



1. M/S.RUBBER COATS (INDIA)
                      ...  Petitioner

                        Vs

1. COMMERICAL TAXES OFFICER
                       ...       Respondent

                For Petitioner  :SRI.ARIKKAT VIJAYAN MENON

                For Respondent  : No Appearance

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

 Dated :14/11/2007

 O R D E R
                      C.N.RAMACHANDRAN NAIR, J.
                 ....................................................................
                              O.P. No.18769 of 1998
                 ....................................................................
               Dated this the 14th day of November, 2007.

                                        JUDGMENT

Dispute raised in the O.P. is with regard to rate of tax on the product

sold by the petitioner namely, rubber lining material. Demand is seen

raised in Form 14Dunder Rule 21(10) of the KGST Rules. The petitioner

has returned the turnover at 6% and the tax demanded through Form 14D is

10%. Demand is raised for the assessment year 1997-98 and for part of

1998-99. I do not think the officer is justified in demanding tax at higher

rate when the petitioner has raised a dispute on the same. When there is a

dispute on rate of tax, there should be provisional or regular assessment

based on which higher rate of tax can be demanded. The O.P. is therefore

disposed of directing the first respondent to issue notice, hear the petitioner

and complete regular assessment for all the years and demand tax based on

such assessments.

C.N.RAMACHANDRAN NAIR
Judge
pms