Case Law Details
Kumaran K.V. Vs State Tax Officer (Kerala High Court)
The case of Kumaran K.V. Vs State Tax Officer before the Kerala High Court brings to light the intricacies of clubbing turnover between two proprietorship concerns and the judicial limitations in addressing disputed facts through a writ petition. Let’s delve deeper into the details of this case and the court’s ruling.
Kumaran K.V., proprietor of ‘Kumar Motor Driving School’ in Kunnamkulam Municipality, Thrissur District, challenged the assessment order passed under Section 63 of the CGST/SGST Act for the financial years 2017-18 to 2021-22. The assessment held that a sum of Rs. 4,13,88,040 collected by Kumaran from customers as service fees was liable to be taxed at 18%, leading to a total sum of ₹1,90,66,593 towards tax, penalty, and interest.
The crux of the dispute revolves around the treatment of two separate proprietorship concerns: ‘Kumar Motor Driving School’ owned by Kumaran K.V. and ‘Kumar Motors’ owned by his wife. Kumaran argued that both entities are distinct, and their turnovers should not be clubbed together for assessment. However, the assessing authority concluded that both entities are one and the same, leading to the clubbing of their turnovers.
The High Court, after hearing arguments from both sides, emphasized that the questions surrounding the identity of the proprietorship concerns and the clubbing of their turnovers are disputed facts. It ruled that such disputed facts cannot be adjudicated in a writ petition but must be addressed through the statutory remedy of appeal.
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