SOWPARNIKA PROJECTS AND INFRASTRUCTURES Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is a works contractor engaged in the businesses of villas and flats challenges the order of the respondent dtd. 24/7/2017, whereby his revision was dismissed confirming the order of the Deputy Commissioner.

(2.) The petitioner is a dealer registered under the provisions of the Kerala Value Added Tax Act, 2003 (hereinafter referred to as the 'Act' for short). The petitioner was paying tax at compounded rate under Sec. 8 of the Act based on Annexure-I and Annexure-I(a) permissions granted by the assessing authority.

(3.) According to the petitioner, he has been filing returns based on the permissions granted to him, but for the returns filed for the year 2013-14, it was conceded by the petitioner that in the returns filed the contract amount shown had been lower than the actual contract amount received by the petitioner, which was an omission occurred on the part of their accountant and though the chartered accountant detected the same while returning the audited statement, the petitioner requested for revision of return by the assessing authority, but the assessing authority turned-out the same and since compounding was allowed under sec. 8(a) of the act and he is liable to pay tax at the compounded rate for the whole year.