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2014 Supreme(Ker) 570

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Soudamini Sivadas Proprietrix – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant:S. Ganesh, Senior Advocate, K.I. Mayankutty Mather, R. Jaikrishna, Advocates.
For the Respondent: R1 to R5, George Mecheril, Spl. Government.

JUDGMENT

DAMA SESHADRI NAIDU, J.

Brief Facts

1. The appellant, proprietrix of a trading concern, having failed in her first essay to successfully assail the orders of assessment for the years 2010-11 and 2011-12, filed the present appeal impugning the judgment dated 27.03.2014 in W.P. (C) No. 3850 of 2014.

2. Briefly stated, the appellant is a registered dealer on the rolls of the third respondent, trading in margarine and other bakery shortenings. On 25.11.2013, the third respondent issued a notice to the appellant under Section 25(1) of the Kerala Value Added Tax Act, 2003 (the KVAT Act for brevity) proposing to levy tax on the sales turnover of Margarine for the Assessment Years 2010-11 and 2011-12. Not satisfied with the explanation submitted by the appellant through her reply dated 11.12.2013, the third respondent issued Exhibits P15 and P16 assessment proceedings. The third respondent, issued the said notices of demand (Exthibits P15 and P16) in Form No. 12, requiring the appellant to pay Rs. 2,41,818/- and Rs. 2,06,844/- for the assessment years 2010-11 and 2011-12 respectively.

3. Challenging Exhibits P15 and P16 assessment orders issued by the third respondent, the appella







































































































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