SHANTADURGA PETRO CHEMICALS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ACCEPTING the cause shown, the delay of 102 days in filing the appeal is condoned. I.A. I/14 is allowed.

(2.) THOUGH this appeal is listed for preliminary hearing, with the consent of the Learned Counsel for the parties, is finally heard and disposed of by this order.

(3.) FACTS briefly stated are; appellant, a trader registered under the Karnataka Sales Tax Act, 1957 (for short 'KST Act') purchased furnace oil for Rs. 17,08,235/ - inclusive of 15% tax during the assessment year 2002 -03 from M/s. Tata Power Company Limited, Kanabaragi, Belgaum, who remitted the amount collected as tax to the Commissioner of Commercial Taxes. The Deputy Commissioner of Commercial Taxes by assessment order dated 30.12.2004 forfeited to the Government Rs. 2,58,013/ - representing 11% in excess of 4% tax collected by M/s. Tata Power Company Limited.