High Court Kerala High Court

State Of Kerala vs Manappuram General Finance & on 14 November, 2008

Kerala High Court
State Of Kerala vs Manappuram General Finance & on 14 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 339 of 2006()


1. STATE OF KERALA,
                      ...  Petitioner

                        Vs



1. MANAPPURAM GENERAL FINANCE &
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.R.RAMADAS

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

 Dated :14/11/2008

 O R D E R
               H.L.DATTU, C.J. & A.K.BASHEER, J.
              ------------------------------------------------------
                        S.T.Rev.No. 339 of 2006 &
                         C.M.Appln.No.792/2006
                   ---------------------------------------------
              Dated, this the 14th day of November, 2008

                                  O R D E R

H.L.Dattu, C.J.

This revision petition is filed against the orders passed by

the Kerala Agricultural Income Tax and Sales Tax Appellate Tribunal,

Additional Bench, Palakkad, in T.A.No.532/2003 dated 7.11.2003.

2. In filing the revision, there is a delay of 830 days.

Therefore, an application under Section 5 of the Limitation Act is filed to

condone the delay in filing the revision petition.

3. When the matter had been posted before the Court on

the earlier occasion, after seeing that the affidavit filed is nothing but a

stereo-typed affidavit, we had directed the learned Government Advocate

to file a better affidavit, if they so desire. Therefore, the matter was

adjourned.

4. The Revenue has filed yet another affidavit before us. In

the said affidavit, they have stated that the order of the Tribunal passed

on 7.11.2003 was received in the office of the Joint Commissioner

(Law), Ernakulam on 22.3.2004 and that, immediately on receipt, the

S.T.Rev.No.339/2006 -2-

same was distributed in the office for examining scope of revision and

report was called for from the Sales Tax Officer, Thrissur. The report

along with the files were forwarded to the Commissionerate,

Thiruvananthapuram and the said office requested the Advocate General

to examine the scope for revision by letter dated 16.11.2005.

5. It is stated in the affidavit that, there is some delay in

preparing the report by the concerned officers since the proposals for

appeal are made in addition to regular work and the entire records had to

be examined for sending the proposal. It is also stated that the Circle

Offices are dealing with multifarious work such as returns scrutiny,

processing of refund applications, assessment, creation of demand,

collection of tax etc. The officers are also engaged in field work. It is

stated that, periodic review meetings are also conducted by the higher

authorities and also the revenue authorities to boost up the revenue

collection and to ensure follow up action. In the above circumstances,

the assessing authorities are taking some time to forward the remarks

from the appellate order since the same is done after verification of the

entire files and also discussion with higher authorities on legal issues. It

is also stated that some delay is also caused in transmitting the files from

one office to another.

S.T.Rev.No.339/2006 -3-

6. It is also stated in the affidavit that, the remarks along

with the connected files were forwarded to the Office of the Advocate

General and the matter was placed before the Special Government

Pleader (Taxes) for examining the scope of revision on 29.11.2005. It is

stated that, due to court work and other drafting work the files could not

be taken up immediately. The Special Government Pleader (Taxes)

assigned the files to a Government Pleader for drafting the revision. It is

stated that the Government Pleader could not draft all the revisions and

many matters were kept pending. Subsequently, the term of the

Government Pleader was not extended. It is also stated that, considering

the pendency of a number of cases and the situation of alarming delay in

filing the revision petitions, the department deputed an Assistant

Commissioner and a stenographer to assist the Special Government

Pleader (Taxes) in preparing the revision. The files were again placed

before the Special Government Pleader who having examined the same

was of the opinion that a revision ought to be filed. After preparation of

the revision the same was signed on 3.8.2006 and entrusted to the office

of the Advocate General for filing.

7. It is stated in the affidavit that the delay was caused due

to exigencies of work both at the offices of the Commercial Taxes

S.T.Rev.No.339/2006 -4-

Department as also at the Office of the Advocate General. It is also

stated that the delay is not wilful or deliberate.

8. The explanation offered by the petitioner for

condonation of delay in filing the Sales Tax Revision case is wholly

unsatisfactory. We do not mean that Revenue has to explain each day’s

delay. But, they are supposed to satisfactorily explain the delay that has

occurred between 22.3.2004 and 16.11.2005, and also between

29.11.2005 and 28.9.2006. Therefore, the delay in filing the revision

petition cannot be condoned by us. Accordingly the application for

condonation of delay requires to be rejected and it is rejected.

9. Consequently the revision petition is also rejected.

10. The question of law raised in the revision petition is left

open to be agitated in an appropriate case.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

MS