C.V.RADHAKRISHNAN Vs. COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) APPELLANT is the Writ Petitioner. Appellant approached this court aggrieved by the order passed under section 47(2) of Kerala Value Added tax Act (herein after referred to as 'the Act')

(2.) PROCEEDINGS were taken against the appellant under section 47 of the Act noting that the appellant had in his invoice shown the value at Rs.9,22,390/-. In terms of the circular No.22/2012 value is assessed at Rs.15,82,518/-. The advance tax was remitted on the basis of value of goods at Rs.1224/- per c.ft. which was found very low having regard to the floor rates fixed by circular No.22/2012. Accordingly the security deposit was demanded for the differential value of Rs.6,60136/- which was Rs.1,78,240/-. The learned single Judge was not persuaded to interfere. Hence the appeal.

(3.) LEARNED counsel for the appellant would submit that it is a case where the defect noted was of a technical nature. He would contend that he would deposit 50% of the value and execute a self bond for the balance and the goods may be directed to be released.