K.S. Radhakrishnan, Ag. C.J.

This appeal arises out of the judgment in O.P.No.37852 of 2002 which was disposed of along with certain other original petitions. Learned single judge disposed of batch of cases by common judgment dated 16.12.2002 and the judgment is reported in Prakash Jewellery and another v. State of Kerala (2004 (12) KTR 543). Writ Appeal Nos.1690 and 1708 of 2003 were filed against the common judgment and those appears were dismissed by this court on 25.11.2005. Counsel for the appellant however submitted that the facts of this case stand on a different footing and addressed elaborate arguments.

2. Assessee in this case having opted for payment of tax at the compounded rate as provided under Section 7(1)(a) of the Kerala General Salestax Act, 1963 wanted to withdraw the option under Section 5 of the Act. Assessee is a dealer in gold ornaments. Gold and silver ornaments are taxable at the point of first sale in the State by virtue of Section 5(10) read with relevant entry in the first Schedule to the Act. They are also liable to pay purchase tax under section 5A on the purchase turnover of bullion and old gold ornaments which are used in the manufacture of