2018 (2) TMI 1429

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.... 10.08.2017 that dismissed the writ petitions, on the ground that, the issue involved in these writ petitions are squarely covered against the petitioner by the decision of the Division Bench in Silver Line Villas & Apartments Pvt. Ltd v. State of Kerala [2017 (2) KLT 770]. It is the submission of the learned counsel for the review petitioner that the facts in Silver Line Villas & Apartments cases referred in the judgment is entirely different and the facts in the writ petitions filed by the petitioner are distinguishable. It is stated that the Division Bench judgment was rendered in the context of a finding that, as against the requirement to declare all the works contracts that had to be assessed on compounded basis, the assessee in those....

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....had chosen to pay tax on compounded basis, and observed as follows in paragraph 4 of the said judgment: "4. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that, the compounding scheme that is envisaged under Section 8(c)(1) of the Act is in the nature of a contract between the petitioner, on the one hand, and the Department on the other. The scheme works on the basis of a declaration submitted by the dealer, of his turnover for the assessment year in question, and his willingness to pay tax on the said turnover, at the concessional rate that is granted therein. The option of the dealer to pay tax on compounded basis, when accepted by the respondents, results in a bindin....