2009 (5) TMI 889

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..... te is whether the respondent-assessee is liable to pay sales tax for the year 2002-03 at compounded rate under section 7(1)(a) of the Kerala General Sales Tax Act, 1963 at 200 per cent of the tax payable as conceded in the return or accounts for 2001-02 which was higher than the tax paid at compounded rate for that year. We heard Special Government Pleader appearing for the petitioner and Sri. S. .....

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..... cent of the tax paid under compounded scheme for the preceding year, viz., 2001-02. It is seen that both the first appellate authority as well as the Tribunal allowed the respondent's claim by referring to the single Bench decision of this court in Prakash Jewellery v. State of Kerala reported in [2004] 12 KTR 543 (Ker). However Special Government Pleader pointed out that this court has not in th .....

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..... ar 2002-03 has to pay 200 per cent of the tax paid for the preceding year 2001-02 or tax payable under sections 5(1) and 5A for that year whichever is higher. Admittedly the tax paid by the respondent at compounded rate under section 7(1)(a) for the year 2001-02 is less than the tax payable under sections 5(1) and 5A as per returns filed and accounts maintained for that year. The provision under s .....

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