IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. JAYASANKARAN NAMBIAR, P.M. MANOJ
Ison George – Appellant
Versus
State of Kerala, Represented By Its Secretary To Government (TAXES), Government Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
A.K. Jayasankaran Nambiar, J.
The petitioner in WP(C) No.3603 of 2020 is the appellant before us aggrieved by the judgment dated 02.06.2020 of a learned Single Judge dismissing his Writ petition.
2. The brief facts necessary for the disposal of this Writ Appeal are as follows:
The appellant is the owner of a residential building having a plinth area of 289.22 sq.m. comprised in Sy.No.82/8-1 in Chethipuzha Village in Chenganasherry Taluk. In the Writ Petition, he was aggrieved by Ext.P2 demand notice that sought to recover luxury tax as per the provisions of Section 5A of the Kerala Building Tax Act, 1975 for the assessment years from 2007-2008 to 2020-2021. The demand notice is dated 04.12.2019, and it was apparently the first demand notice served on the appellant demanding luxury tax. The challenge in the Writ Petition was essentially against the validity of Section 5A of the Kerala Building Tax Act, and the relief prayed for in the Writ Petition was for a declaration that Section 5A of the Kerala Building Tax Act was ultra vires, illegal unconstitutional and void.
3. The grounds in support of the reliefs prayed for in the Writ petition urged that since the 101st amendment t
The legislative competence to levy luxury tax is not affected by the constitutional amendment that removed taxes on luxuries, allowing for tax recovery under the Kerala Building Tax Act.
Timeliness of challenging tax demands in administrative law under Kerala Building Tax.
The court mandates reassessment under Section 7 of the Kerala Building Tax Act due to disputed plinth area measurements.
The court clarified that under the Kerala Building Tax Act, a second appeal against a revised assessment order is permissible, rejecting arbitrary limitations imposed by authorities.
The collection of tax without authority necessitates a refund despite lack of specific statutory provision for such refund.
Section 5A of Kerala Building Tax Act upheld as constitutional post-101st Amendment, per prior judgment.
The court mandates timely decisions on exemption applications under the Kerala Building Tax Act while preventing coercive tax recovery during review.
The limitation period under Section 539 of the Kerala Municipality Act restricts property tax recovery to three years preceding the demand date.
Luxury tax liability under the Kerala Building Tax Act must consider the total plinth area of the building post-additions, overriding prior interpretations limiting the assessment to additional areas....
Tax demands beyond three years from assessment date are unlawful under the Kerala Municipality Act.
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