SAMSUNG INDIA ELECTRONICS (P) LTD Vs. ASST.COMMISSIONER

JUDGEMENT

(1.) PETITIONER is an assessee under the KVAT and CST Acts. Assessment for the year 2010-11 was completed and Exts.P5 and P5(a) assessment orders were issued. In so far as Ext.P5 assessment order under the KVAT Act is concerned, the total tax liability of the petitioner is Rs.7,65,80,495/- and in so far as Ext.P5 (a) assessment under the CST Act is concerned, the total liability of the petitioner is Rs.1,23,140/-.

(2.) CHALLENGING the assessment orders, petitioner filed Exts.P6 and P6(a) appeals. The stay petitions filed along with the appeals were heard by the appellate authority and the appellate authority passed Ext.P7 order granting stay of recovery on condition that the petitioner remits Rs.3 crores. It is challenging Ext.P7 order, this writ petition is filed.

(3.) ACCORDING to the learned counsel, the figure Rs.5,38,38,94,283/- was in fact an erroneous one and that the total amount, going by F forms, the details of which are given in Ext.P4, is actually only Rs.5,089,811,195/-. It is stated that therefore the very basis of the assessment is incorrect. Therefore, it is stated that it was without considering the above aspect, assessment was completed. Counsel also complained that despite having referred to Ext.P8 judgment in the reply to the pre-assessment notice, ignoring that judgment, the assessment was completed. It is stated that it was in such an appeal that the appellate authority has passed Ext.P7 order requiring remittance of Rs.3 crores.