High Court Kerala High Court

P.T.Davis vs The Asst. Commissioner (Assmt-I) on 25 May, 2009

Kerala High Court
P.T.Davis vs The Asst. Commissioner (Assmt-I) on 25 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13741 of 2009(K)


1. P.T.DAVIS,
                      ...  Petitioner
2. P.T.VARGHESE,
3. P.T.JOHNSON,
4. P.T.BENNY,
5. P.T.JOSE,

                        Vs



1. THE ASST. COMMISSIONER (ASSMT-I),
                       ...       Respondent

2. THE DEPUTY TAHSILDAR,(REVENUE RECOVERY),

3. THOMSON POULTY FARM,

                For Petitioner  :SRI.K.SRIKUMAR

                For Respondent  : No Appearance

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

 Dated :25/05/2009

 O R D E R
                  P.R. RAMACHANDRA MENON, J.
              ........................................................................
                   W.P.(C) No. 13741 OF 2009
              .........................................................................
                        Dated this the 25th May, 2009


                                 J U D G M E N T

Challenging the assessment order for the year 1999-2000

passed by the assessing authority, the petitioner preferred first

appeal before the concerned authority which did not give any

positive result, whereby the petitioner filed second appeal before

the Sales Tax Appellate Tribunal, Palakkad . After considering

the facts and figures, the 1st appellate authority as per the

common order dated 03.01.2009 modified the assessment order

allowing the appeal in part, which led to Ext.P8 revised

assessment order dated 21.02.2009 produced along with I.A.No.

5875 of 2009. As per the modified assessment order, the tax

liability fixed on the petitioner was reduced as Rs.58,51,826/-,

whereas the petitioner, vide Ext. P6 had already furnished the

Bank Guarantee to the tune of Rs. 1,60,00,000/-, as directed by

the Tribunal earlier vide Ext.P5 order.

W.P.(C) No. 13741 OF 2009

2

2. The prayer of the petitioner is to lift the attachment in

view of modified extent of liability, as borne by Ext.P8 and of

course, in the light of of Ext. P6 Bank Guarantee, which is valid

for a period of one year from 08.04.2009.

3. Heard the learned Government Pleader as well. The

learned Government Pleader submits that the matter has to be

verified as to whether any other attachment or liability is in

existence before lifting the attachment. The proposition does not

appear to be palatable at all, particularly in view of Ext. P7 letter

dated 20.04.2009 issued by the requisitioning authority

addressed to the concerned Tahsildar, wherein satisfaction of the

due amount has been reported and informed that the revenue

recovery proceedings initiated against the defaulter could be

withdrawn.

In the above facts and circumstances, there will be a

direction to the second respondent to take all necessary steps to

lift the attachment over the concerned property and final orders

shall be passed in this regard, as early as possible and at any

W.P.(C) No. 13741 OF 2009

3

rate, within a period of two weeks from the date of receipt of a

copy of the judgment.

P.R. RAMACHANDRA MENON,
JUDGE.

lk

The figure “Rs. 58,51,826/-” appearing in the 11th line of the first

paragraph of judgment dated 25/05/2009 in WP(C)NO.13741/2009 is

corrected as “Rs.1,58,51,826/-” as per order dated 16/06/2009 in

I.A.No. 6945/2009 in WP(C)NO.13741/2009.

Sd/- Registrar (Judicial).