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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
KOSAMATTAM FINANCE LIMITED. – Appellant
Versus
INTELLIGENCE OFFICER, OFFICE OF THE STATE TAX OFFICER – Respondent
| Table of Content |
|---|
| 1. outline of petitioner's business and tax details (Para 1 , 2) |
| 2. petitioner challenges penalty imposition (Para 3 , 4) |
| 3. court's analysis of petitioner’s arguments (Para 5 , 6 , 7 , 8) |
| 4. requirements for reconsideration of penalty (Para 9 , 10 , 11) |
| 5. judgment ordering reconsideration of penalty (Para 12) |
JUDGMENT
The petitioner is stated to be a public limited company engaged in providing credit facilities on the security of gold ornaments being pledged by its customers. It is stated to be an assessee under the provisions of the Kerala Value Added Tax Act, 2003 (hereinafter referred to as the 'Act') with respect to the activities - sale of pledged articles - taking place in the State of Kerala. The petitioner is also stated to have obtained registration under the provisions of the respective Value Added Tax Acts in the other States in India where it is having its presence. The petitioner is also stated to be an assessee under the provisions of the Income Tax Act, 1961 . The dispute in this writ petition is with reference to the imposition of penalty under the provisions of Section 67 of the Act, as regards the assessment years 2015-16 and 2016-17.
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