IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 11392 of 2008(F) -------------------------- PETITIONER: ------------ S. GIRIDHARAN, PROPRIETOR, FRIDGE HOUSE, M.G.ROAD, ERNAKULAM. BY ADV. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMARAN RESPONDENTS: ------------- 1. ASSISTANT COMMISSIONER, SPECIAL CIRCLE- II, COMMERCIAL TAXES, SALES TAX COMPLEX, ERNAKULAM. 2. ASSISTANT COMMISSIONER (AA), COMMERCIAL TAXES, SALES TAX COMPLEX, ERNAKULAM. 3. DEPUTY COMMISSIONER (APPEALS) COMMERCIAL TAXES, SALES TAX COMPLEX, ERNAKULAM. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY G.P. SRI. E.P. GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 11392 OF 2008 -------------------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT So far as the main issue raised in the appeal that is reduction in input tax credit attributable to credit notes received by the petitioner, this Court decided the issue in the batch of cases, WPC 8472, 9777 and 9806/08 and connected cases, holding that if certificate is produced by the petitioner from the supplier in terms of the circular then petitioner is entitled to full input tax credit. Following the said judgment, the assessing officer is directed to modify the assessment, if the petitioner produces declarations within one month from now. There will be stay of all recovery proceedings for recovery of entire balance tax due for one month from now. Thereafter stay will be limited to 50% of tax still remaining outstanding after revision of assessment by the assessing officer as above. That stay will continue till disposal of the appeal. Stay order granted by the appellate authority stands modified as above. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2