IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10762 of 2010(U) ---------------------------------------- PETITIONER(S): ------------------------ M/S.RASNA PRIVATE LTD., 45/456 B, KADAIKATH HOUSE, VADUTHALA P.O., ERNAKULAM, KOCHI-682 023, REPRESENTED BY A.V.SURESHKUMAR, REGIONAL COMMERCIAL MANAGER. BY ADV. MR.HARISANKAR V. MENON, SMT.MEERA V.MENON. RESPONDENT(S): -------------------------- 1. ASST.COMMISSIONR (ASSESSMENT), DEPARTMENT OF COMMERCIAL TAXES, SPECIAL CIRCLE, MATTANCHERRY AT ALUVA. 2. THE MANAGER, IDBI BANK LTD., LAL BANGLOW, OFF. C.G.ROAD, AHAMEDABAD. R1 BY GOVERNMENT PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.10762 of 2010-U ---------------------------- Dated this the 30th day of March, 2010. J U D G M E N T The petitioner has approached this Court seeking to quash Exts.P2 and P3 issued by the first respondent, simultaneously challenging the coercive steps being pursued against the petitioner and also for a direction to be issued to the first respondent for permitting the petitioner to avail the benefit of 'amnesty scheme' announced in the 'budget speech' in respect of the years 2000-01 to 2003-04. 2. The case put forth by the petitioner in this Writ Petition is that the total liability now fixed by the respondents is only Rs.1.37 crores, for which the petitioner’s Bank account has already been attached. It is stated that, out of the amount liable to be paid by the petitioner as given in para 4 of the Writ Petition, major portion of the amount, to an extent of Rs.62,89,670/- in respect of 2005-06 and Rs.39,04,138/- in respect of the year 2006-07 no longer survive, in view of Exts.P7 and P8 appellate orders passed, whereby the matter has been remanded for passing fresh orders by the W.P(C) No.10762 of 2010-U 2 second respondent. It is also contended that the payment of Rs.13,71,000/- made by the petitioner as evident from Exts.P1 to P13 has not been given due credit, as well. 3. The learned counsel for the petitioner submits that after settling the said amounts, the balance liability is Rs.21,97,265/-out of which, Lion's share is towards 'interest', which is likely to be scaled down substantially, once the benefit under the 'amnesty scheme' is extended to the petitioner. 4. The learned Government Pleader appearing for the respondents submits that the 'scheme' is yet to be notified and if the said scheme is notified, there may not be any objection in giving the benefit to the petitioner as well. It is also brought to the notice of this Court that the benefit prayed for under this head, is only with respect to the assessment years 2000-01 to 2003-04; while no interference is warranted with regard to the assessment year 2008-09, simultaneously adding that for the years 2005-06 and 2006-07 the liability has to be satisfied by the petitioner, depending upon the outcome of the modified assessment order to be passed by the first respondent, pursuant to Exts.P7 and P8. 5. After hearing both the sides, the petitioner is directed to W.P(C) No.10762 of 2010-U 3 deposit a sum of Rs.7.5 lakhs within two weeks. The deposit shall be provisional and subject to the eligibility of the petitioner to avail the benefit under the 'amnesty scheme' once the same is notified. Subject to this, the recovery proceedings in respect of the assessment years 2000-01 to 2003-04 shall be kept in abeyance for the time being. 6. The first respondent and the concerned authority who are to pass the modified orders in respect of the assessment years 2005-06, 2006-07 shall pass such orders pursuant to Exts.P7 and P8, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. Till such modified orders are passed as above, all further recovery proceedings in respect of the above two assessment years shall be kept in abeyance, which however will be subject to notification of 'amnesty scheme'. 7. On submitting necessary application for One Time Settlement, once the same is notified, the same shall be considered and appropriate orders shall be passed giving all eligible benefits to the petitioner and the amount now being deposited by the petitioner as ordered by this Court, shall be given due credit in W.P(C) No.10762 of 2010-U 4 respect of the amount payable under the said 'scheme'. It is also made clear that the ban imposed upon the Bank Account of the petitioner will stand lifted, once the petitioner satisfies the amount of Rs.7.5 lakhs as mentioned hereinbefore. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.10762 of 2010-U 5