Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2014 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 40 - KERALA HIGH COURTSales tax Amnesty Scheme - Whether the authority was justified in rejecting the application w.r.t. Circular - Liquidation of liability - Entitlement for Scheme – application was rejected referring to Circular No.13/08 pointing out that the value of the assets was more than the settlement liability - Held that:- Circular was issued with reference to proposal in the Bill disappeared, when the Bill got transformed into the 'Act' - the stipulation on which circular was based, has Section 23B of the 'Act' does not contain any such adverse stipulation/circumstance, which bars the way of the petitioner in availing the benefit of Amnesty Scheme - The Court does not require any further thought to hold that Ext.P5 Circular has become redundant and it is not liable to be acted upon by any of the authorities of the respondent State - It is declared accordingly. After introduction of the Amnesty Scheme in the year 2008, it was not extended for the next year - But by virtue of the provisions of the Finance Act 2013, it was decided to be extended - Though the time originally stipulated got expired on 31.12.2013, it now stands extended till 31.03.2014 -The Court finds that the petitioner is entitled to have the benefit of Amnesty Scheme and the application filed in this regard is liable to be reconsidered - Ext.P4 order set aside - The first respondent directed to reconsider Ext.P3 application and inform the petitioner as to the amount to be satisfied under the Scheme - The proceedings as above shall be finalised within two weeks and petitioner to satisfy the due amount in terms of the Scheme on or before the last date for effecting the deposit – Decided in favour of assessee
|