K K BUILDERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an assessee under the Kerala Value Added Tax Act. These revision petitions are filed by them challenging the orders passed by the Kerala Value Added Tax Additional Appellate Tribunal, Palakkad in T.A.(VAT)Nos.80, 81 and 82 of 2014.

(2.) We shall briefly state the facts of these cases. In pursuance to the tenders invited by the Kannur Municipality for the development of Central Bus Terminal, Kannur, Annexure A Concession Agreement was entered into between the Municipality and the petitioner. As per Clause 3 of the agreement, subject to and in accordance with the terms and conditions set forth in the agreement, Kannur Municipality granted to the petitioner the exclusive right, license and authority during the subsistence of the agreement to implement the project, which expression is defined to mean, development, designing, engineering, procurement, construction, operation and maintenance of the Central Bus Terminal Complex including the project facilities and all works relating to and in respect of the said complex as described in Article 2 and Schedule A, on a Build, Operate and Transfer basis. The period of the Concession Agreement is 29 years and three months. The agreement provides that upon completion of the project and during the operation period, the petitioner shall manage and operate and maintain the terminal and regulate the use thereof by third parties. It also authorises the petitioner to collect and retain Licence fee, interest accrued on the refundable portion of the deposits and usage fees from the users of the commercial and parking space. Clause 3.1 to 3.3 in clause 3 of the agreement, providing for 'Grant of Concession' and Clause 7 dealing with the 'Concession Fee', being relevant, are extracted below for reference:

(3.) GRANT OF CONCESSION