High Court Kerala High Court

Thomas Michael vs State Of Kerala on 15 October, 2007

Kerala High Court
Thomas Michael vs State Of Kerala on 15 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ST Rev No. 280 of 2004()


1. THOMAS MICHAEL, MANARKATTU HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

                For Petitioner  :SMT.S.K.DEVI

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :15/10/2007

 O R D E R
                          H.L.Dattu,C.J. & K.T.Sankaran,J.
                         ----------------------------------------------
                             S.T.Rev.No.280 of 2004
                         ----------------------------------------------
                      Dated, this the 15th day of October, 2007

                                          ORDER

H.L.Dattu,C.J.

The orders passed by the Kerala Sales Tax Appellate Tribunal,

Additional Bench, Kottayam in T.A.No.275 of 1999 dated 26th June, 2001 is the

subject matter of the revision petition filed by the assessee under Section 41 of

the Kerala General Sales Tax Act (“Act” for short).

(2) The assessment year in question is 1992-93. The assessee is

a second seller of arrack.

(3) The assessing authority has computed the tax liability of the

petitioner by her orders dated 31.3.1998. The said assessment orders are

confirmed by both the first appellate authority as well as the Tribunal.

(4) When the assessing authority has passed the orders of

assessment for the assessment year 1992-93 dated 31.3.1998, she did not have

the advantage of the orders passed by a Division Bench of this Court in the case

of M/s.Aiswarya Traders, Mavelikara v. The Sales Tax Officer, Mavelikara &

others, W.A.No.1374 of 1998 dated 30th June, 2005, nor the Tribunal had the

advantage of the aforesaid order.

(5) In the aforesaid decision, a Bench of this Court at paragraph 9

has observed as under:

“We find it difficult to accept the interpretation given by the learned

single Judge. The apex court in Polestar Electronic (P) Ltd. v.

Addl.Commr., 1978 (41) STC 409 held that a statutory enactment

must ordinarily be construed according to the plain natural meaning

of its language and no words should be added, altered or modified

unless it is plainly necessary to do so in order to prevent a

S.T.Rev.No.280 of 2004. 2

provision from being unintelligible, absurd, unreasonable,

unworkable or totally irreconcilable with the rest of the statute. This

rule of literal construction is firmly established and it has received

judicial recognition in numerous cases. A Full Bench of this Court

in Kurian Abraham (P) Ltd. v. Asst. Commissioner, 2004 (1) KLT

498 (FB) held that the provisions of a taxing statute have to be

construed strictly. A person cannot be taxed unless the provisions

clearly provides for it. The words of the statute or the relevant entry

have to be given their true and natural meaning. The authority

cannot add to the words. It cannot impose a levy by reading an

implication into the plain words of the provision. There is no room

for intendment. The words of the statute cannot be strained. Strict

letter of law has to be seen. While interpreting sub-section (14) of

section 7 we cannot strain the language or read the words “tax

paid” as “tax payable”. What is intended by the Legislature is all

that the Government shall receive 20% of the rental amount in total

as tax on sale of arrack. That is the reason why the tax paid on the

purchase of arrack at the first sale point is ordered to be deducted

so that the total tax received would become 20% of the rental

amount. When we interpret the above quoted provision it is evident

that the rate of tax applicable to an unregistered dealer is 62.5%.

Assessee’s case is that he had paid tax at that rate. If that be so, in

our view, the claim raised by the assessee is justifiable”.

(6) In view of the orders passed by the Division Bench in the

aforesaid decision, we cannot sustain the orders passed by the assessing

authority, first appellate authority as well as the Tribunal. Therefore, we make the

following:

Order

(i) The orders passed by the assessing authority dated 31.3.1998, the

first appellate authority dated 7.6.1999 and the Tribunal dated 26.6.2001 are set

aside.

S.T.Rev.No.280 of 2004. 3

(ii) Now the matter is remanded to the assessing authority to recompute

the tax liability of the petitioner-assessee in accordance with law keeping in view

the observations made by a Division Bench of this Court in the aforesaid decision.

(iii) This exercise, the assessing authority shall complete within a period of

three months from today.

(iv) After completion of the assessment proceedings, the assessing

authority shall issue revised demand notice to the petitioner-assessee.

Ordered accordingly.

H.L.Dattu
Chief Justice

K.T.Sankaran
Judge
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