High Court Kerala High Court

Nadavaramba Bell Metal … vs The Sales Tax Officer on 25 February, 2008

Kerala High Court
Nadavaramba Bell Metal … vs The Sales Tax Officer on 25 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5540 of 2008(H)


1. NADAVARAMBA BELL METAL HANDICRAFT
                      ...  Petitioner

                        Vs



1. THE SALES TAX OFFICER, IRINJALAKUDA.
                       ...       Respondent

2. THE DEPUTY COMMISSIONER (APPEALS)

3. THE APPELLATE TRIBUNAL

4. THE DEPUTY TAHSILDAR, REVENUE RECOVERY

5. THE VILLAGE OFFICER

6. THE STATE OF KERALA, REP. BY

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/02/2008

 O R D E R
                     ANTONY DOMINIC, J.
                   -------------------------------------------
                       W.P.C.No.5540 of 2008
                   -------------------------------------------
            Dated this the 25th day of February, 2008



                               JUDGMENT

The petitioner submits that for the assessment year 1998-

1999 to 2002-2003 assessments were completed against which

appeals were filed. The appeals were also considered by the

Tribunal and were remanded.

2. It is the case of the petitioner that revised orders of

assessment were not issued. However, the revenue recovery

proceedings is being initiated against the property of the

petitioner society.

3. The learned Government Pleader on instructions

submits that once the matter was remanded by the Tribunal,

notice was issued to the petitioner for producing documents. It

is submitted that the documents were not produced and finally

the revised assessment orders were issued on 22.1.2008.

4. Since, as stated by the learned Government Pleader

revised assessment order have been issued, remedy available to

the petitioner is invoke the appellate remedy provided for in the

WPC5540/2008 2

statute. However, the petitioner complains that the recovery is

continued on the basis of the original assessment orders that is

now revised even according to the learned Government Pleader.

Now that the assessment orders have been revised as stated

above, it is necessary that the requisitions are also revised

accordingly. If this has not been done so far, necessary action

will be taken in this regard.

ANTONY DOMINIC, JUDGE
csl