Court overturns penalties, orders fresh assessment for contractor after jurisdiction challenge.

Haji C. Ummer Koya, S/o. Syed Ali Versus The Commissioner of Commercial Taxes

Haji C. Ummer Koya, S/o. Syed Ali Versus The Commissioner of Commercial Taxes - TMI Issues:
Challenge to penalty imposition and revenue recovery proceedings.

Analysis:
The petitioner, a pandal construction contractor, challenged the penalty imposition and revenue recovery proceedings, asserting that he is neither a dealer nor an assessee under the Kerala General Sales Tax Act, 1963. The petitioner argued that since he is not in possession of the premises, the proceedings under Section 45A lack jurisdiction and should be quashed. Additionally, the petitioner highlighted an assessment order for the year 2001-2002, which was appealed before the Appellate Assistant Commissioner and later the Tribunal. The Tribunal, through Ext.P12 order, criticized the assessing authority for its approach and directed a fresh enquiry, emphasizing the need for proper evidence collection and a fair assessment process.

The court considered the arguments presented by both parties. The learned Senior Government Pleader for tax opposed the petitioner's contentions, noting that the petitioner failed to produce necessary documents despite opportunities provided. However, the court, without delving into the merits of the case, decided to follow the Tribunal's directive in Ext.P12 order. Consequently, the court set aside the original order (Ext.P3) and remitted the matter back to the assessing authority for a fresh enquiry. The assessing authority was instructed to conduct a new assessment, provide necessary documents to the petitioner upon request, allow a reasonable opportunity for the petitioner to present a defense, and conclude the proceedings within six months from the petitioner's appearance. The court specified that the amount to be paid by the petitioner would be subject to the outcome of the fresh proceedings.

In conclusion, the writ petition challenging the penalty imposition and revenue recovery proceedings was disposed of with the court's decision to set aside the original order and order a fresh enquiry by the assessing authority in line with the directions provided in the Tribunal's Ext.P12 order.