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1994 Supreme(Ker) 162

T.L.VISWANATHA IYER
Federal Bank Ltd. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Heard Sri.N.P. Samuel for the petitioner and Sri. S. Vijayan Nair, Government Pleader for the respondents. The facts stated below are based on their submissions as also those disclosed by the files produced by the Government Pleader.

2. The writ petition arises out of an assessment to tax under the Kerala Building Tax Act, 1975 (the act) and the challenge is to the orders Exts. P2, P3 and P6 as explained below. Petitioner, which is a Scheduled Bank, constructed a multi-storeyed building for its Head Office at Aluva. The construction was completed on September 13.1987. The Aluva Municipality within whose area the building is situate, fixed the annual value of the building under S.100 of the Kerala Municipalities Act, 14 of 1961 at Rs. 10,75,632/-.

3. The building was assessable to tax under the Act and therefore the petitioner filed return in the prescribed form for purposes of assessment under the Act on March 21.1988. Against column 7 of the return, "Capital Value of the building", the petitioner mentioned "Rs. 2,08,10,330". The petitioner also mentioned in column 13 the amount of Rs. 10,75,632/- as the annual value of the building fixed by the local authority. Pursuant


















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