High Court Kerala High Court

P.M.Ashraf vs Commercial Tax Officer(Aa) on 22 March, 2007

Kerala High Court
P.M.Ashraf vs Commercial Tax Officer(Aa) on 22 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 747 of 2007()



1. P.M.ASHRAF
                      ...  Petitioner

                        Vs

1. COMMERCIAL TAX OFFICER(AA)
                       ...       Respondent

                For Petitioner  :SRI.ARIKKAT VIJAYAN MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :22/03/2007

 O R D E R
                 J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

                 -------------------------------------

                           W.A.No.747 OF 2007

                 -------------------------------------

                          Dated 22nd March, 2007



                                  JUDGMENT

Koshy,J
.

Appellant/petitioner was issued with an assessment

order under Section 24 of the Kerala Value Added Tax Act.

According to the appellant, the above order was passed in

complete violation of the principles of natural justice and no

reasons are also stated therein, and, therefore, he approached

this court. Learned Single Judge directed the appellant to

file an appeal as statutory remedy is provided and did not go

into the merits of the contentions. Since the learned Single

Judge did not admit the petition and did not exercise

discretionary power in view of the effective alternate

statutory remedy of filing an appeal, we are of the opinion

that no grounds are made out for interference in the impugned

judgment. But, we note that under Section 55 of the Kerala

Value Added Tax Act, appeal can be filed before the Deputy

Commissioner (Appeals) and with regard to the orders passed

under Section 24, appellant need pay only the admitted amount

of tax. Therefore, if appellant files an appeal with admitted

amount of tax along with a stay petition for staying the full

amount on or before 30.3.2007, no recovery proceedings shall

W.A.747/2007 2

be taken till the stay petition is disposed of. With that

rider, this writ appeal is disposed of.

J.B.KOSHY

JUDGE

T.R.RAMACHANDRAN NAIR

JUDGE

tks