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2017 Supreme(Online)(KER) 42005

HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J
REKHA, BHAGYA JEWELLERS – Appellant
Versus
THE COMMERCIAL TAX OFFICER – Respondent


JUDGMENT

The petitioners in all these writ petitions are dealers in gold ornaments, who had opted for payment of tax on compounding basis under Section 8 (f) of the Kerala Value Added Tax Act [hereinafter referred to as the “KVAT Act']. For the assessment years 2013-14 onwards, the Assessing Authorities, while completing the assessments pertaining to the petitioners, took a stand that insofar as the tax payable at the concessional rate under (f) of the KVAT Act is in lieu of tax on sale, and not in lieu of purchase tax under Section 6 (2) of the KVAT Act, the said tax under (2) would be payable by the dealers on regular basis, and assessed under a regular assessment. In these writ petitions, the pre-assessment notices, the penalty notices, assessment orders and penalty orders issued to the petitioners by the adjudicating authority under the KVAT Act, are called in question, to the extent, they propose the levy of purchase tax under (2), and imposition of a consequential penalty, on the W.P.(c).No.995 of 2017 &

ground that the payments of tax on compounded basis under Section 8 (f) of the KVAT Act, will not exonerate the dealer from the liability to purchase tax under Section 6

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