K.GANESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner challenges an order passed by the Kerala Value Added Tax Appellate Tribunal in T.A. (VAT).No.271 of 2014 by which orders passed by the Assessing Authority had been approved, setting aside the order of the Appellate Authority.

(2.) The only issue involved in the case is regarding the value of timber at which the assessment has been made. As per circulars issued by the Department advance tax is to be paid based on a notional estimate regarding the value of the goods given under the circular. With reference to the assessment year 2010-11 the assessee had valued the timber at Rs.3,98,39,732.5 and paid a freight of Rs.4,24,179/-. While transporting the timber the assessee declared the purchase value including freight as Rs.4,42,84,997/-. This, according to the assessee, was based on the notional price fixed by the Department.

(3.) Apparently it is without reference to the judgment in KMP Timbers and Saw Mill's case (supra), Arjuna Raja's case (supra) seems to have been decided wherein the same Division Bench held as under:-