The petitioner is concerned with Exhibits P1 and P2 assessments, which stood re-opened solely for the reason that audited statements under Section 42 of the Kerala Value Added Tax Act, 2003 [for brevity "KVAT Act"] in Form 13 and Form 13A was not filed as stipulated in the provision. The petitioner relies on the judgment of a Division Bench of this Court, produced as Exhibit P5 in O.T.Rev.No.49 of 2014 dated 25.09.2014.

2. The learned Government Pleader, however, contends that the question was not decided by the Division Bench and the revision went against the State, only on account of the State having not raised that specific ground before the Tribunal. It is also submitted that amendments, brought by way of sub-section (3) of Section 42 by the Kerala Finance Act, 2016, would take care of the situation and would invalidate the declaration, if at all any made, in Exhibit P5.

3. The petitioner, admittedly, had not filed the audit report as on the date of re-opening of assessment. Now the petitioner is said to have filed the audited statements, which are produced as Exhibits P3 and P4.

4. The Division Bench in Exhibit P5 clearly found that Section 25(1) of the KVAT Act does no