Sowparnika Projects And Infrastructures PVT. LTD. vs. State Of Kerala
Held
The High Court held that a dealer who suppressed receipts cannot claim the benefit of compounded tax for the suppressed amount once detected. It also ruled that Section 25AA of the Kerala Finance Act, 2019, which limits assessment on suppressed turnover, has only prospective effect and does not apply to assessments already completed before its effective date of 01.04.2019.
Facts
The petitioner, a works contractor registered under the Kerala VAT Act and paying compounded tax, was found to have suppressed contract receipts of over Rs. 16 Crores for the year 2013-14 during an inspection. A penalty of Rs. 3.49 Crores was imposed under Section 67(1) of the KVAT Act, which was upheld by revisional authorities.
Key Issues
Whether a works contractor, granted compounding permission, can pay tax at the compounded rate on suppressed turnover detected later. Whether Section 25AA of the Kerala Finance Act, 2019, has retrospective application to assessments completed before its enactment.
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Cause title — parties, addresses and appearances
(Dated: 24th November, 2021) BASANT BALAJI, J.
The revision petitioner is a work
The judgment continues below.
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