2011 (12) TMI 728 - HC - VAT and Sales Tax

Summary

Issues involved: Validity of reassessment under Section 19(1) of the Kerala General Sales Tax Act based on compounding.

The High Court of Kerala addressed the issue of the validity of reassessment completed under Section 19(1) of the Act, which was challenged by the Tribunal due to the original assessment being based on compounding. The Court referred to a previous Division Bench judgment in M/s.Joy Alukkas Traders (I) Pvt. Ltd. v. State of Kerala, where it was held that Section 19(1) also applies to assessments completed based on compounding. Consequently, the Court reversed the Tribunal's decision and upheld the validity of the reassessment under Section 19(1).

The respondent in the case had not appeared during the reassessment process under Section 19(1), leading to an exparte decision. The Court directed the respondent to provide work orders with detailed schedules to the Assessing Officer for verification, specifically regarding work executed for PWD, such as fish farming. The respondent was given an opportunity to produce necessary documents within one month for the Assessing Officer to reconsider the assessment.

In conclusion, the High Court allowed the revision case by vacating the Tribunal's order and returning the assessment to the Assessing Officer for reconsideration. If the respondent fails to provide the required records within the specified time, the reassessment will be considered final. However, if the records are submitted along with a copy of the judgment, the Assessing Officer will review the assessment and make any necessary modifications.