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2014 Supreme(Online)(KER) 46656

HIGH COURT OF KERALA
ANTONY DOMINIC, DAMA SESHADRI NAIDU, JJ
SOUDAMINI SIVADAS – Appellant
Versus
COMMERCIAL TAX OFFICER I – Respondent


JUDGMENT

Dama Seshadri Naidu, J.

Brief Facts:

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.3850/2014.

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 WA 576/14 2 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 ` 2,41,818/- and ` 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 appell

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