Disposed

C.Y.a.Rahim v. the Secretary

Kerala HC31 Aug 2016WP(C)/25546/2012

Case brief

AI extract

What is this about?

Court disposed of a writ petition challenging revenue recovery of rubber cess. It directed petitioner to pay Rs.5 lakhs within two months. Upon payment and submission of representations, the first respondent must consider the petitioner’s request for interest waiver and instalments within three months. If payment is not made, recovery proceedings may continue.

What did the court decide?

Directed payment of Rs.5 lakhs; primary respondent to consider waiver and instalment request within three months of receipt of payment and representations.

C.Y.a.Rahim Vs the Secretary — Company and Corporate | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 31ST DAY OF AUGUST 2016/9TH BHADRA, 1938

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WP(C).No. 25546 of 2012 (P)

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PETITIONER(S):

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1. C.Y.A. RAHIM, MANAGING DIRECTOR, M/S. ASMA RUBBER PRODUCTS PVT. LTD., C.S.E.Z., COCHIN-37, NAD IS RESIDING AT 14, NOEL HERITAGE, KOCHI-21.

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2. SMT. NISA RAHIM, DIRECTOR, M/S. ASMA RUBBER PRODUCTS PVT. LTD., C.S.E.Z., COCHIN-37, NAD IS RESIDING AT 14, NOEL HERITAGE, KOCHI-21.

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BY ADVS.SRI.GIGIMON ISSAC, SRI.SUMITHA K.S.

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RESPONDENT(S):

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1. THE SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, UDYOG BHAVAN, NEW DELHI-110 001.

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2. THE CHAIRMAN, RUBBER BOARD, KOTTAYAM-686 001.

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3. THE DEPUTY TAHSILDAR (R.R.), KANAYANNUR TALUK, ERNAKULAM, KOCHI-682 013.

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R1 BY ADV. SRI.N. NAGARESH, ASST. S.G. OF INDIA. R2 BY ADVS. SRI.V.ABRAHAM MARKOS, SRI.MATHEWS K.UTHUPPACHAN, SRI.BINU MATHEW, SRI.TERRY V.JAMES, SRI.B.J.JOHN PRAKASH, SRI.TOM THOMAS (KAKKUZHIYIL). R3 BY SR. GOVERNMENT PLEADER SRI.P.M. MANOJ.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 25546 of 2012 (P)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P1 COPY OF THE ORDER IUSSUED BY THE BIFR DATED 25/05/2010. EXT.P2 COPY OF THE REVENUE RECOVERY NOTICE DATED 24/09/2012, ISSUED BY THE 3RD RESPONDENT.

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EXT.P3 COPY OF THE ORDER DATED 07/12/2001.

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EXT.P4 COPY OF THE ORDER FROM THE OFFICE OF THE HONOURABLE REVENUE MINISTER.

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EXT.P5 COPY OF THE COMMUNICATION DATED 01/10/2012. EXT.P6 COPY OF THE REPRESENTATION DATED 16/10/2012.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.V.ASHA, J.

W.P.(C) No.25546 of 2012

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Dated this the 31^st day of August, 2016

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JUDGMENT

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This writ petition was filed challenging the proceedings for revenue recovery towards rubber cess due from the petitioner for the period from 01.04.1999 to 06.12.2001. Petitioner claimed that it is a sick unit and application for declaring it as a sick company was filed before BIFR and as against the rejection it had filed Appeal no. 207 of 2010 which was pending. Petitioner's contention was that proceedings for revenue recovery was improper when the appeal was pending before the Appellate Authority for Industrial Financial Reconstruction (AAIFR). The learned counsel for the petitioner submits that petitioner is not in a position to make payment as demanded.

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The learned counsel for the 2^nd respondent submits that the appeal filed by the petitioner before the AAIFR, New Delhi-Appeal No.207/2010 is already dismissed as per order dated 17.11.2014. Learned counsel for the 2^nd respondent also submits that the only direction sought in the Writ Petition is to 1^st respondent to dispose of Ext.P6 and for a stay of Ext.P2 proceedings for revenue recovery. Ext.P6 is a representation addressed to the Government of India requesting to waive interest of Rs.5,25,254/- and to permit them to

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:2:

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W.P.(C) No.25546 of 2012

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remit a sum of Rs.10,97,242/- in four equal monthly instalments. Ext.P6 was filed as early as on 16.10.2012.

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Learned counsel for the 2^nd respondent submits that petitioner defaulted payment of rubber cess for the period from 01.04.1999 to 06.12.2001; therefore revenue recovery proceedings were initiated based on their requisition for realisation of a sum of Rs.12,22,496/-which was found due as on 18.03.2005, out of which Rs.5,25,254/- was towards interest; the amount due has since been accumulated to a sum of Rs. 33,84,156/- as on 31.12.2015 and that penal interest demanded is statutory.

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In the above circumstances, the writ petition is disposed of with the following directions:

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Petitioner shall remit a sum of Rs.5,00,000/- (Rupees Five lakhs only) as against the arrears due, within a period of two months from today to the 2^nd respondent;

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thereupon the petitioner shall produce a copy of the receipt along with a representation and a copy of the judgment to the first respondent;

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on receipt of such representation along with receipt, the 1^st respondent shall consider the petitioner's request in Ext.P6 representation and pass orders thereon within three months from the

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W.P.(C) No.25546 of 2012

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:3:

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date of receipt a copy of the judgment.

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In that event of such payment, further proceedings for recovery through respondents shall be subject to the decision on the representation.

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In case no such payment is made, the respondents will be free to proceed.

Sd/-

P.V.ASHA

JUDGE

rkc

C.Y.a.Rahim v. the Secretary

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C.Y.a.Rahim v. the Secretary

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