High Court Kerala High Court

State Of Kerala vs R.K.Latex & Rubber on 17 November, 2008

Kerala High Court
State Of Kerala vs R.K.Latex & Rubber on 17 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST.Rev..No. 304 of 2008()



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. R.K.LATEX & RUBBER
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

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

 Dated :17/11/2008

 O R D E R
               H.L.DATTU, C.J. & A.K.BASHEER, J.
              ------------------------------------------------------
                        S.T.Rev.No. 304 of 2008 &
                       C.M.Appln.No.984 of 2008
                  ---------------------------------------------
              Dated, this the 17th 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, Additional Bench, Palakkad

in T.A.No.575/2004 dated 14.6.2006.

2. In filing the revision, there is a delay of 587 days.

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

condone the delay in filing the revision petition. Along with the said

application an affidavit is filed before us. In the said affidavit, they

have stated that the order of the Tribunal passed on 14.6.2006 was

received in the office of the Joint Commissioner (Law), Ernakulam on

1.11.2006, and, that, immediately on receipt, the same was sent to the

office of the Assistant Commissioner (Assmt.), Special Circle, Thrissur

for report. Based on the report of the Assistant Commissioner (Assmt.),

the Deputy Commissioner (General) Commercial Taxes,

Thiruvananthapuram by letter dated 16.4.2007 requested the Advocate

General to examine the scope for appeal/revision. It is stated that the

above letter along with the connected files were forwarded from the

S.T.Rev.No. 304/2008 -2-

office of the Joint Commissioner (Law) on 16.5.2007 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

24.5.2007. It is stated that the Special Government Pleader having

examined the matter was of the opinion that revision ought to be filed

and hence prepared the revision and submitted the same for approval of

the learned Additional Advocate General. The learned Additional

Advocate General having approved the same, has sent it to the filing

section for filing on 18.9.2008.

3. 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 proposals

for filing revision. It is stated in the affidavit that the delay was

S.T.Rev.No. 304/2008 -3-

caused due to exigencies of work. It is also stated that the delay is not

wilful or deliberate.

4. 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 1.11.2006 and 16.5.2007, and also between 24.5.2007

and 18.9.2008. 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.

5. Consequently the revision petition is also rejected.

6. 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