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2020 (5) TMI 168 - HC - VAT / Sales TaxLevy of turnover tax - foreign liquor - compounding scheme - Section 7 of the KGST Act - legality to adopt assessed tax of the previous year as the basis for fixing the compounded liability - HELD THAT - The decision in M/s.Hotel Breezeland Ltd 2019 (2) TMI 1086 - KERALA HIGH COURT was rendered by the Division Bench after considering a batch of writ appeals and a writ petition where it was held that dealer who opts for payment of tax under Section 7 cannot be said to have been absolved of the liability for all the consequences arising from such an assessment made for the previous three years which is the reference point for determining the tax payable in the relevant year under clause (b) of Section 7. It was well within the authority of the 1st respondent to have revised the assessment for the years 2008-09, 2009-10 and 2010-11, based on the revision of the assessment and tax component for the year 2007-08, resulting in a cascading effect on the assessment for the following three years. The fact that compounded tax was paid for those three years did not fetter the right to revise the assessment. Petition dismissed.
Issues:
1. Revision of compounded tax liability based on revised assessment for a previous year. 2. Interpretation of Section 7(b) of the KGST Act. 3. Validity of rectification applications under Section 43. 4. Precedents related to compounded tax liability and assessment under KGST Act. Issue 1: Revision of Compounded Tax Liability The petitioner, a bar hotel operator, opted for the compounding scheme under Section 7 of the KGST Act for the assessment years 2008-09, 2009-10, and 2010-11. The assessing authority revised the assessment for the year 2007-08 based on suppression, leading to a cascading effect on the compounded tax liability for the subsequent years. The petitioner contended that revising compounded assessments based on the previous year's assessed tax was against Section 7(b) of the KGST Act. The petitioner filed rectification applications, which were dismissed, leading to the writ petition to quash the revised assessments. Issue 2: Interpretation of Section 7(b) of the KGST Act The petitioner argued that the revision of compounded tax liability should not be solely based on the assessed tax of the previous year, citing Section 7(b) of the KGST Act. The Government Pleader contended that there was no restriction in Section 7 for revising assessments based on the assessed tax. Precedents like Kalika Hotel and Bar, Amballur and M/s Hotel Breezeland Ltd. supported this interpretation. The Division Bench emphasized that the Department or the assessee could not claim levy under any other mode once compounding was agreed upon. Issue 3: Validity of Rectification Applications The petitioner filed rectification applications under Section 43, relying on the decision in Sicilia Hotel Pvt. Ltd. v. Commercial Tax Officer. However, the applications were dismissed as the final assessment was deemed compliant with the KGST Act. The court highlighted that rectification under Section 43 was not applicable when the revision of the assessment was based on a subsequent assessment for a previous year. Issue 4: Precedents Related to Compounded Tax Liability The court analyzed precedents like Sicilia Hotel Pvt. Ltd., Kalyan Tourist Home, and M/s Hotel Breezeland Ltd. to determine the legal position regarding compounded tax liability. The Division Bench's opinion in M/s Hotel Breezeland Ltd. emphasized that revising compounded tax was permissible based on revised computations necessitated by various reasons, including the tax payable under different clauses of Section 7. In conclusion, the court rejected the petitioner's contention, upholding the authority's right to revise assessments based on previous year's revisions. The challenge against the revised assessments failed, leading to the dismissal of the writ petition. This detailed analysis of the judgment addresses all the issues involved comprehensively, providing a clear understanding of the legal arguments and the court's decision.
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