STATE OF KERALA Vs. P D SHAJU

JUDGEMENT

(1.) AGGRIEVED by the order dated 27th September, 2007 of the Kerala Agricultural Income Tax and Sales Tax Appellate Tribunal in Rectification Petition in T.A. No. 289 of 2006, the State of Kerala filed the present Revision.

(2.) THE facts are as follows: THE sole respondent is an assessee and a registered dealer under the provisions of the Kerala General Sales Tax Act, 1963. THE respondent is carrying on business in Jewellery. Section 5 of the Act stipulates levy of tax on every dealer whose total turnover exceeds a particular limit in an year. It further stipulates rate of tax with reference to various categories of dealers and various items of merchandise. Under Sec.5(1)(i), it is stipulated that in the case of goods specified in the First or Second schedule, the dealer is liable to pay tax on the total turnover at the rates specified in the corresponding schedule against the goods and to be collected at the points specified in the schedule. THE respondent, admittedly is liable to be assessed in accordance with Section 5(1) of the Act read with Entry 75 of First Schedule of the Act .

(3.) FOR the assessment year 2001-02, the respondent opted to be assessed in accordance with the provisions of Section 7 (1)(a) of the Act. The tax liability of the respondent was assessed by an order dated 05.10.2002. While making such assessment, the revision petitioner failed to levy and collect the additional tax contemplated under Section 5D. The assessment became final.