2011 (1) TMI 1281

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....spondent : S. Anil Kumar (Trivandrum) and K.S. Hariharan Nair The judgment of the court was delivered by C.N. RAMACHANDRAN NAIR J.-This is a revision case filed by the State challenging the order of the Tribunal passed in the case of the respondent-assessee for the assessment year 2006-07. The respondent is running a jewellery shop selling gold and silver ornaments. The respondent claimed th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the year 2005-06. It is against this order of the Tribunal, the State has filed this revision contending that tax at compounding rate is payable based on highest tax returned for any of the years or the tax found as payable based on the assessment. 2. We have heard learned Government Pleader for the petitioner and learned counsel appearing for the respondent-assessee. 3. The relevant provis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he assessee as conceded in the return or accounts under this Act or under the Kerala General Sales Tax Act". It is pertinent to note that the above section does not provide for reckoning the assessed tax as the basis for payment of tax at compounded rate. On the other hand, what is stated is that the assessee should pay tax at compounded rate, i.e., 200 per cent of the highest tax payable by the a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the highest tax is returned as payable by the assessee in the return filed, and the Tribunal found, among the three years the highest tax returned by the assessee as payable in the return filed is for the year 2005-06. Therefore, the Tribunal directed the assessing officer to demand tax at compounded rate for 2006-07 at 200 per cent of the tax payable for the year 2005-06. Even though learned ....