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2023 Supreme(Online)(KER) 20299

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, MOHAMMED NIAS C.P., JJ
M/S.OCEANUS DWELLINGS PVT. LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON

O R D E R

A.K.Jayasankaran Nambiar, J.

This OT. Revision is preferred against the order dated 30.12.2016 of the Kerala Value Added Tax Appellate Tribunal, Palakkad, in TA(VAT).No.291 of 2013 and C.O.No.12 of 2013.

2. The brief facts necessary for the disposal of this OT. Revision are as follows:

The petitioner is a private limited company engaged in the construction and sale of apartments. It is an assessee under the Kerala Value Added Tax Act, 2003 (hereinafter referred to as 'the KVAT Act'). During the year 2007-08, the petitioner commenced construction of four apartments in various parts of the State, namely, (i) Oceanus Bluemount, Thiruvananthapuram, (ii) Oceanus Residency, Palakkad, (iii) Oceanus Rainbow, Thiuvananthapuram and (iv) Oceanus May Flower, Palakkad. Out of the above four projects, the petitioner opted to pay tax on compounded basis in terms of Section 8 (a) of the KVAT Act in respect of the first two projects, namely, Oceanus Bluemount, Thiruvananthapuram, Oceanus Residency, Palakkad. With regard to the other two projects, the petitioner opted to pay tax on regular basis under Section 6 of the KVAT Act. The assessments for the first two projects were accordingly compl

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