2006 (6) TMI 488

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....J.-The assessee is a private limited company. It is aggrieved by the order of the Commissioner holding that the assessee is liable to pay interest automatically under section 23(3A) by invoking suo motu power of revision under section 37 of the Kerala General Sales Tax Act, 1963. The assessee filed its annual return declaring a total turnover of Rs. 68,58,454.38 for the year 1998-99. Books of a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e of service of demand notice even though he had upheld the assessment of escaped turnover. The Deputy Commissioner later invoked suo motu power under section 37 of the Act, took the view that the assessee is liable to pay interest on the escaped turnover of Rs. 32,79,380 from the date of filing of the annual return to the completion of assessment. Aggrieved by those orders this appeal has been pr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n reads as follows: "Where any dealer has failed to include any turnover of his business in any return filed or where any turnover has escaped assessment, interest under sub-section (3) shall accrue on the tax due on such turnover with effect from such date on which the tax would have fallen due for payment had the dealer included the same in the return relating to the period to which such turn....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....wder, turmeric powder, etc., which were produced out of inter-State purchases and sale of those items were not covered by exemption certificate. The assessee, however, for the year 1998-99 claimed exemption on the entire turnover of manufactured goods under two separate heads, non-taxable goods and SSI non-taxable goods. As per SRO. No. 1729 of 1993 the processing of goods in question shall not....