TAX AND SALES TAX, QUILON Vs. DEPUTY COMMISSIONER OF AGRICULTURAL INCOME-DHANALAKSHMI VILAS CASHEW COMPANY

JUDGEMENT

(1.) These two appeals by certificate from the judgment of the Kerala High Court involve a common question of law and will stand disposed of by this judgment.

(2.) The facts in C.A. No. 804 of 1967 may alone be stated. The respondent was assessed under the General Sales Tax Act, 1125 (Act 11 of 1125) (State of Kerala), hereinafter called the "Act", for the year 1958-59 by the Assistant Sales Tax Officer, First Circle, Alleppey, by his order dated November 13, 1959. Subsequently the Deputy Commissioner of Agricultural Income-tax and Sales Tax, South Zone, Quilon, issued a notice dated October 29, 1963, to the respondent under Section 15(1)(i) of the Act proposing to revise the assessment on the ground that the assessing authority had committed a mistake in computing the assessable turnover to the extent of Rs. 17,000. In response to the notice the respondent submitted the objections on November 2, 1963. His contention, inter alia, was that the Deputy Commissioner had no jurisdiction to proceed in the matter under Section 15(1)(i) and he could proceed only under Rule 33 of the General Sales Tax Rules, 1950. It. was also contended that for the aforesaid reason the proceedings proposed by the Deputy Commissioner were barred by limitation under that rule. The. Deputy Commissioner overruled these contentions and revised the assessment by including an additional turnover of Rs. 17,994. The respondent took the matter in appeal to the Sales Tax Appellate Tribunal, Trivandrum. The Tribunal held that Rule 33 did not apply as it was not a case of escapement of turnover but it was a case of illegal and improper exemption having been granted by the assessing authority to which Section 15(1)(i) of the Act was applicable. The respondent filed a tax revision petition before the High Court which was allowed by the High Court fallowing a decision given by it in Ninan v. State of Kerala 1965 K.L.J. 819

(3.) In order to decide the points which have been raised before us it is necessary to refer to the statutory provisions and the rules made under the Act. The definition of "assessing authority" and "Deputy Commissioner" is contained in Section 2, Clauses (b) and (cc), respectively. "Turnover" is defined by Clause (k) to mean "aggregate amount for which goods are either bought or sold by a dealer, whether for cash or for deferred payment or other valuable consideration..." Section 2-A gives the Constitution and functions of the Appellate Tribunal. Under Section 12 every dealer whose turnover is Rs. 10,000 or more in a year has to submit a return in such manner and within such period as may be prescribed to the assessing authority. The assessment has to be made by that authority. Section 14 provides for an appeal against the assessment made on a dealer. Every order passed in appeal by the appellate authority has been declared to be final subject to the provisions of Sections 15 to 15C. Section 15 of the Act provides for authorities competent to revise the orders. Sub-section (1) of that section reads: