2010 (9) TMI 1105

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....espondent :GOVERNMENT PLEADER ORDER C. K. ABDUL REHIM, J. Petitioner is challenging Ext.P3 notice issued by the 1st respondent, calling for objections against the proposal for cancellation of Ext.P2 permission granted for payment of tax at the compounded rate under section 8(a) of the Kerala Value Added Tax Act, 2003 (KVAT Act). It is stated in Ext.P3 that subsequent to grant of such perm....

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....nd that the department is at liberty to cancel the permission if it is found that such permission was granted on the basis of erroneous facts. Learned Government Pleader has pointed out section 66 of the KVAT Act, which deals with the general power for rectifying any error apparent on the face of the record. It is evident from Ext.P3 notice that Ext.P2 permission was granted on the basis of mistak....

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....other assessees for identical contracts. However, the above fact was denied by the respondents in their statement.  5. In the statement filed on behalf of the 1st respondent it is stated that the petitioner has not chosen to file any objections against Ext.P3 notice. Along with the reply, the petitioner had produced Ext.P6 indicating that the petitioner had submitted reply to Ext.P3 notice....

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....urn around and contend that the authority is powerless to cancel the compounding.  6. The contention of the petitioner is that inspite of filing of returns and remittance of tax at the rate of 12.5% they are entitled to challenge the steps initiated for cancellation of permission for compounding once granted. However, whether the cancellation of the compounding proposed is sustainable or n....