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A.P.XAVIER, S/O.PAILI, ARACKATHAZHATHU versus STATE OF KERALA, REPRESENTED BY DISTRICT

High Court of Kerala

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A.P.XAVIER, S/O.PAILI, ARACKATHAZHATHU v. STATE OF KERALA, REPRESENTED BY DISTRICT - OP No. 7592 of 2003(D) [2006] RD-KL 3744 (19 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 7592 of 2003(D)

1. A.P.XAVIER, S/O.PAILI, ARACKATHAZHATHU
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY DISTRICT
... Respondent

2. THE TAHASILDAR (R.R), KANAYANNUR TALUK,

3. VILLAGE OFFICER, MANAKUNNAM VILLAGE,

4. VIMALA SOMAN, W/O. SOMAN, MUNDAMPALLYIL

For Petitioner :SRI.BECHU KURIAN THOMAS

For Respondent :SRI.PHILIP T.VARGHESE

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :19/12/2006

O R D E R

C.N.RAMACHANDRAN NAIR, J.

.................................................................... O.P. No.7592 of 2003 ....................................................................

Dated this the 19th day of December, 2006.



JUDGMENT

The petitioner is challenging recovery proceedings for recovery of arrears of sales tax and penalty due from the seller who was partner of a firm which is in arrears of sales tax. Counsel appearing for the defaulter-seller namely, the 4th respondent submitted that the tax dues do not survive after order of the Tribunal in T.A. No.505/2002 dated 25.7.2002. He has further stated that penalty levied against the firm is also set aside by the Commissioner of Commercial Taxes. In the circumstances, the 4th respondent is directed to obtain a certificate from the Sales Tax Officer stating that there is no arrears of sales tax due from the firm of which she was a partner and furnish the same to the petitioner without delay. The Sales Tax Officer will verify the firm's records and issue certificate to the 4th respondent on production of copy of this judgment. If a certificate of no liability is issued by the Sales Tax Officer, then there will be direction to the third respondent to effect mutation of property in petitioner's name, if otherwise petitioner is entitled for mutation. The O.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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