High Court Kerala High Court

M/S. Wipro Limited vs State Of Kerala on 30 July, 2008

Kerala High Court
M/S. Wipro Limited vs State Of Kerala on 30 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 344 of 2005()


1. M/S. WIPRO LIMITED, (FORMERLY WIPRO
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.JOSEPH MARKOSE (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :30/07/2008

 O R D E R
                 H.L.DATTU, C.J. & A.K.BASHEER, J.
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                           S.T.Rev. No. 344 OF 2005
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                      Dated this the 30th day of July 2008

                                      O R D E R

H.L.DATTU, C.J.

A dealer, who is aggrieved by the orders passed by the Sales Tax

Appellate Tribunal, Ernakulam, in TA No.1038/03 dated 27.01.2005 for

the assessment year 1997-98 , has filed this revision petition.

2. The assessee has framed the following questions of law for our

consideration and decision. They are as under:

1. Whether on the facts and in the circumstances of

the case, the Appellate Tribunal was right in holding

that the Annual Maintenance contracts in question are

works contracts falling within the scope of sale of

goods assessable under the KGST Act.

2. Whether on the facts and in the circumstances of

the case, the Appellate Tribunal was right in holding

that the Annual Maintenance Contracts in question

will fall within Entry 22 of Schedule IV of the KGST

Act?

3. Whether on the facts and in the circumstances of

the case, the Appellate tribunal was right in

confirming the estimation of Rs.57,85,256/- as

additional taxable turnover?

ST.Rev.No.344/2005
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4. Whether on the facts and in the circumstances of the case,

the Appellate tribunal was right in confirming the estimation of

Rs.57,85,256/- as additional taxable turnover?

5. Whether on the facts and in the circumstances of the case,

the Appellate tribunal was right in confirming the rate of tax

for computer based products and consumables is 10% and not

the concessional rate provided under the KGST Act and/or

S.R.O. 1728/1993?

3. The questions of law raised by the assessee, in our view, is no more

debatable, in view of the orders passed by this Court in M/s.Wipro Limited v. State

of Kerala in ST.Rev. Nos.24/04, 251/04, 252/04, 267/04 and 278/04 dated 13th

November, 2007.

4. This Court, while disposing of the aforesaid revision petitions, had

remanded the matter to the assessing authority to complete the assessment for the

assessment years in question in accordance with law and in the light of the

observations made therein.

5. Following the observations made in the aforesaid decision, this

revision petition is also disposed of. The orders passed by the assessing

authority confirmed by the first Appellate Authority and Tribunal for the

ST.Rev.No.344/2005
3

assessment year 1997-98 is set aside. The matter is remanded back to the

assessing authority to reconsider the matter in accordance with law, keeping in

view the observations made by this Court in ST.Rev.No.24 of 2004 and connected

matters.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

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