IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 ST.Rev..No. 75 of 2010() ------------------------ TA.139/2008 of S.T.A.T.ADDL.BENCH,TVM. .................... REVISION PETITIONER: APPELLANT/ASSESSEE: --------------------------------------- SRI.JAISON G.OOMMEN, ST.MARY'S CASHEW FACTORY, PUTHOOR P.O., KOTTARAKKARA-691507. BY ADV. SRI.PREMJIT NAGENDRAN RESPONDENT(S): RESPONDENT: -------------------------- STATE OF KERALA, REPRESENTED BY ITS DEPUTY COMMISSIONER (APPEALS), COMMERCIAL TAXES, KOLLAM. BY G.P. SRI. MOHAMMED RAFIQ THIS SALES TAX REVISION HAVING BEEN FINALLY HEARD ON 06/07/2010, ALONG WITH STRV NO. 77 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- S. T. Rev. Nos. 75 & 77 of 2010 -------------------------------------------- Dated this the 6th day of July, 2010 JUDGMENT Ramachandran Nair, J. Revisions are filed against penalty orders partly confirmed and partly modified by the Tribunal. Orders sustained are ex-parte orders and penalty is levied by treating the entire physical stock found on inspection as suppressed stock for non-production of accounts. In order to put a quietus to this matter, which is more than six years old, which otherwise should be remanded, we requested counsel appearing for the petitioner to verify as to what amount of penalty the petitioner could remit for settlement of the matter. Besides Rs. 3 lakhs paid under interim orders issued by this Court, the assessee has already remitted Rs. 2 lakhs towards the very same penalty during the pendency of proceedings before the lower authorities. Counsel for the petitioner also submitted that assessment though barred by limitation is proposed to be reopened by issuing notice solely based on the penalty. The total penalty now sustained by the Tribunal is Rs. 11 lakhs out of which Rs. STRev. 75 & 77/2010 2 5 lakhs is already paid by the assessee. We feel the assessee's offer for settlement of the matter is quite reasonable and accordingly revisions are allowed in part by directing the assessing officer to treat Rs. 5 lakhs already paid by the petitioner as full and final settlement of liability for penalty and the Tribunal's order will stand modified by refixing the penalty at Rs. 5 lakhs without any liability for interest whatsoever. Since time for revision of assessment is already over, the assessing officer is directed not to reopen the completed assessment for 2003-04. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk STRev. 75 & 77/2010 3