STATE OF KERALA Vs. MOOLJI VISSANJI

JUDGEMENT

(1.) These appeals by certificate raise a common question of law. We shall refer to that question presently. The respondent-assessee was assessed to sales tax for the years 1957-58, 1958-59 and 1959-60 in February, 1961. At the time of the said assessment, he was granted certain exemptions by the Sales Tax Officer. On an examination of the records, the Deputy Commissioner of Sales Tax came to the conclusion that the exemptions granted by the Sales Tax Officer were impermissible under law. Therefore he started suo moto revision proceedings sometimes in 1963. After giving an opportunity to the assessee to represent his case, he revised the order of assessment by his order, dated 20/05/1965. That order was challenged by the assessee before the Sales Tax Appellate tribunal. The Sales Tax Appellate tribunal opined that the Deputy Commissioner of Sales Tax revised the order of assessment in exercise of his power under Rule 33 of the Rules framed under the Kerala Sales Tax Act of 1125. Following the decision of the Kerala High court reported in 1965 K. L. T. p. 1167, he set aside the order of the Deputy Commissioner on the ground that the proceedings) were initiated beyond time.

(2.) Aggrieved by the order of the tribunal, the State of Kerala took up the matter in revision to the High court of Kerala. The High court dismissed the revision petition with the following observations:

(3.) The decision of the Kerala High court in State of Kerala v. K. E. Nainan was overruled by this court in State of Kerala v. K. E. Noinan and the decision of this court in State of Mysore v. Yaddalam Lakshminarasimhiah Setty and Sons* is no more good in view of the amendments with retrospective effect made later to the relevant provisions. See the decision of this court in State of Kerala v. P. P. Joseph and Co. and Joseph Elias. Hence the decision of the High court cannot be upheld.