IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 OP.No. 9438 of 1999(W) ---------------------- PETITIONER(S): --------------- INDIAN OIL CORPORATION LTD., PANAMPILLY NAGAR, COCHIN 35, REPRESENTED BY PANEERSELVAM, C. (MANAGER -FINANCE) BY ADV. SRI.JOSE JOSEPH RESPONDENT(S): --------------- 1. THE ASST. COMMISSIONER (ASSMT.) I, SALES TAX SPECIAL CIRCLE II, ERNAKULAM. 2. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. 3. THE COMMISSIONER OF COMMERCIAL TAXES, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. MOHAMMED RAFEEQ THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/11/2010, ALONG WITH OP NO. 7074 OF 1999, OP NO. 23379 OF 2001 AND OP NO. 10777 OF 1995 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 (O.P.NO. 9438 OF 1999) ORDER ON CMP 15638 OF 1999 IN OP 9438 OF 1999 DISMISSED 8.11.2010 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. SD/-B.P. RAY, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 11.10.1996 EXT.P2 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT IN FORM NO.24 DATED 22.10.1996 EXT.P3 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.11.1996 EXT.P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT IN STRP 46/1997 DATED 29.10.1998. EXT.P5 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE THIRD RESPONDENT DATED 15.12.1998 EXT.P6 TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT IN STRP NO.180/1998 DATED 3.3.1998 RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- O.P. No. 9438 & 7074 of 1999, 10777 of 1995 & 23379/2001 -------------------------------------------- Dated this the 8th day of November, 2010 JUDGMENT Ramachandran Nair, J. The issue raised that is interest payable under Section 23(3) is covered by judgment in the case of very same company in O.P.No. 7483 of 1999 and connected cases. Following the said judgment, we dispose of these OPs. directing the assessing officer to recompute the liability for interest in accordance with the above judgment and by giving credit for the payments on the date on which such payments were made. A notice containing the details of proposal for levy of interest should be communicated to the petitioners with reference to the statutory provisions and judgment above referred and after giving credit for the payments made, interest should be recomputed afresh after giving opportunity to the petitioners to file objections with details of remittances. In addition to credit being given to payments made, excess payments, if any, available for refund from earlier years should OP 9438/1999 and connected cases 2 also be adjusted against the demand and interest should be demanded only for the net amount. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk OP 9438/1999 and connected cases 3