Sowparnika Projects And Infrastructures PVT. LTD. vs. State Of Kerala

OT.Rev/48/2018HC KeralaGSTCNR KLHC01026672201824 November 2021Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI13 pages
AI SummaryDismissed

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.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
[C.R.] IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021/3RD AGRAHAYANA, 1943 O.T.REV.NO.48 OF 2018 (AGAINST THE ORDER No.R2-15411/16/CT DATED 24.7.2017 OF COMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM) REVISION PETITIONER/REVISION PETITIONER/ASSESSEE: SOWPARNIKA PROJECTS AND INFRASTRUCTURES PVT. LTD., T.C.NO.V-2342-A-26, 1ST FLOOR, GOLF LINKS ROAD, KOWDIAR GARDENS, THIRUVANANTHAPURAM-695 003. BY ADVS. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.M.RAJAGOPAL RESPONDENT/RESPONDENT/REVENUE: STATE OF KERALA, REPRESENTED BY THE COMMISSIONER OF COMMERCIAL TAXES, TAX TOWERS, KARAMANA, THIRUVANANTHAPURAM-695 002. SRI. V.K. SHAMSUDHEEN, GOVERNMENT PLEADER THIS OTHER TAX REVISION (VAT) HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.T.Revision No.48 of 2018 2 [C.R.]

(Dated: 24th November, 2021) BASANT BALAJI, J.

The revision petitioner is a work

The judgment continues below.

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