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2024 Supreme(Ker) 789

GOPINATH P.
Kunnel Engineers & Contractors Private Limited, Represented By Its Authorised Signatory, K. J. Francis Xavier, Authorised Signatory – Appellant
Versus
Assistant Commissioner, Office Of The Deputy Commissioner, Commercial Taxes – Respondent


Advocates Appeared:
For the Petitioner: Sri. Jose Jacob.
Other Present : Dr. Thushara James-GP.

JUDGMENT :

(Gopinath P., J.)

The petitioner, a Private Limited Company, was a registered dealer under the Kerala Value Added Tax Act, 2003 ('the KVAT Act'). It is engaged in the execution of consultancy, design, civil construction and mechanical works. For the year 2014-15, the petitioner filed an annual return under the KVAT Act declaring a turnover of Rs.22,49,70,407/-(Twenty-two crores forty-nine lakhs seventy thousand four hundred and seven only) and discharged value added tax at Rs.20,31,634/-(Twenty lakhs thirty-one thousand six hundred and thirty-four only). While completing the audit in terms of the provisions contained in Section 42 of the KVAT Act it was noted that the petitioner was also liable to pay tax on the work in progress. The petitioner had declared and discharged tax only on the amounts that had been actually billed in the year 2014-15. According to the petitioner, in order to avoid any disputes, the petitioner sought permission to revise the quarterly returns for the quarter ending 31-03-2015. On permission being granted, the petitioner revised the returns and paid differential tax amounting to Rs.41,52,843/-(Forty-one lakh fifty-two thousand eight hundred and

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