ORDER :

This appeal is directed against the judgment and order passed by the High Court of Judicature of Kerala at Ernakulam in W.A. No. 1141 of 2002, dated 27.11.2003. By the impugned judgment and order, the Division Bench of the High Court has confirmed the judgment and orders passed by the Single Judge and has come to the conclusion that the Assessing Authority was justified in imposing additional tax under Section 5D of the Kerala General Sales Tax Act, 1963 (for short "the KGST Act").

2. The Facts in brief are as under: The appellant is a dealer in gold and silver ornaments. It is registered both under the KGST Act and the Central Sales Tax Act, 1956. The appellant had opted to pay tax at the compounded rate as provided under Section 7 of the KGST Act and the request of the appellant was accepted by the Department. The appellant continued to pay tax at the compounded rate for the assessment year 2001-02.

3. On 23rd July, 2001, the Legislature had brought in an amendment to the KGST Act by inserting Section 5D to the KGST Act, levying additional tax on those dealers who are taxable under Section 5 and 5A of the KGST Act. The appellant in accordance with this provision deposited ad