SHERENE EUGINE Vs. ADDITIONAL SALES TAX OFFICER-I

JUDGEMENT

(1.) THE only question for consideration is whether the petitioner is served in accordance with section 55b of the Kerala General Sales Tax Act, 1963 as well as in accordance with the provision of rule 63 of the Rules made thereunder.

(2.) IT is obvious that an assessment order under section 17 (3) of the Act is required to be served in accordance with the above legal provisions.

(3.) EVEN the provisions of rule 63 are more than clear, specifically referring to rule 63 (d) requiring that in the event of none of the modes specified therein is found to be practical, then it has to be affixed on some conspicuous part of the last known place of residence or business or by publication in a newspaper. The position is elementary and not different from the normal procedure of service even contemplated under the Code of Civil Procedure. The result is that it is declared that the postal endorsement "left" is not by itself proof of service of notice in accordance with the provisions of section 55b of the Kerala General Sales Tax Act and rule 63 of the Rules thereunder. As a result thereof assessment orders (exhibits P1 to P4) get quashed and set aside with a consequential order of remittance to respondent No. 1 to follow procedure of service in accordance with the provisions of section 55b of the Act and rule 63 of Rules thereunder. The petition succeeds. Order accordingly. Petition allowed. .