High Court Kerala High Court

State Of Kerala vs M/S.Akay Flavours & Aromatics Ltd on 12 November, 2008

Kerala High Court
State Of Kerala vs M/S.Akay Flavours & Aromatics Ltd on 12 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 388 of 2005()


1. STATE OF KERALA, REP. BY JOINT
                      ...  Petitioner

                        Vs



1. M/S.AKAY FLAVOURS & AROMATICS LTD.,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.JOSEPH MARKOSE (SR.)

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

 Dated :12/11/2008

 O R D E R
               H.L.DATTU, C.J. & A.K.BASHEER, J.
              ------------------------------------------------------
                       S.T.Rev.No.388 OF 2005 &
                         C.M.Appln.No.789/2005
                   ---------------------------------------------
              Dated, this the 12th 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 Sales Tax Appellate Tribunal, Thiruvananthapuram, in

T.A.No.494/2003 dated 30.7.2004.

2. In filing the revision, there is a delay of 281 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 30.7.2004 was received in the office of the Joint Commissioner

(Law), Ernakulam on 30.9.2004 and that, immediately on receipt, the

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

S.T.Rev.No.388/2005 -2-

report was called for from the Deputy Commissioner, Commercial

Taxes, Pathanamthitta. The report dated 15.1.2005 along with the files

were forwarded to the Secretary, Taxes, Thiruvananthapuram and the

said office requested the Advocate General to examine the scope for

appeal by letter dated 28.2.2005.

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.388/2005 -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 for appeal on 4.5.2005. 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 terms 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 28.9.2005 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.388/2005 -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 30.9.2004 and 15.1.2005, and also between 4.5.2005

and 6.10.2005. 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