2014 (4) TMI 40

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....e assessment was completed in respect of the petitioner's transaction for the year 2000-01 mulcting huge liability upon the petitioner. When this was subjected to challenge, interference was made by the appellate authority and the assessment order was modified. In the course of further proceedings, penalty was imposed upon the petitioner under Section 45A of the Kerala General Sales Tax Act, 1963 (hereinafter 'the Act') which was challenged by way of appeal, whereby the penal liability was reduced to an extent of 50%. The petitioner approached the first respondent again and it is borne out by the proceedings, that, based on the penalty order, the first respondent passed Ext.P1 revised assessment order, which was subjected to cha....

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....n any Judgment, decree or order of any court, tribunal or appellate authority, an assessee who is in arrears of tax or any other amount due under the Act relating to the period ending on 31st March, 2005, may opt for settling the arrears by availing reduction at the following rates: (a) In the case of demands relating to the periods up to and including 31st March, 1991, a reduction of twenty five per cent for the tax amount, and complete reduction of the interest on the tax amount and for the amount of penalty and interest thereon; (b) In the case of demands relating to the period from 1st April, 1991 to 31st March, 1996, a complete reduction of the interest on the tax amount, and for the amount of penalty and interest thereon; (c)....

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....ttedly, the Circular is issued with reference to the Kerala Finance Bill, 2008, which contained the disputed provision in the following terms : "However in case where requisition for Revenue Recovery has been issued in respect of any arrears for which application under the scheme has been filed, the assessing authority shall ascertain from the Revenue Recovery authorities within fifteen days of receipt of application in Annexure I the details of attachment of assets, if any, made in pursuance to such requisition, and the value thereof as disclosed in the attachment mahazar/sale notice. In such cases the settlement amount shall not be less than the value of such assets." The above stipulation has disappeared, when the Bill got transfor....