HIGH COURT OF KERALA
A. K. Jayasankaran Nambiar, J
M/S CHEMMANUR INTERNATIONAL JEWELLERS – Appellant
Versus
ASSISTANT COMMISSIONER – Respondent
J U D G M E N T
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 W.P.(C).No.36944/16 & connected cases 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 ground that the payments of tax on compounded basis under (f) of the KVAT Act, will not exonerate the dealer from the liability to purchase tax unde
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