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2001 (2) TMI 1007 - HC - VAT and Sales Tax
Issues:
Challenge to sales tax assessment order dated February 11, 1993 for the period from August 1, 1989 to July 31, 1990 under articles 226 and 227 of the Constitution of India. Analysis: The petitioner challenged the sales tax assessment order dated February 11, 1993, for the period from August 1, 1989, to July 31, 1990, under articles 226 and 227 of the Constitution of India. The petitioner relied on an order passed by the Board of Revenue in Appeal No. 256/PBR/91, dated July 31, 1998, which related to a different period, August 1, 1984, to July 31, 1985. The Board of Revenue had set aside the original assessment order for the earlier period, and the case was remanded for fresh reassessment. However, the High Court emphasized that each assessment year is distinct and separate, and the decision for one year cannot automatically apply to subsequent years. The Court held that the decision of the Board of Revenue for the earlier period could not be the sole basis to quash the assessment order for the period under challenge. The Court further noted that the challenge to the assessment order was based on factual submissions, which were beyond the scope of the Court's powers under articles 226 and 227 of the Constitution. The Court clarified that it was not an appellate authority to review the factual findings made by the assessing officer. The petitioner's plea under article 14 was found to be without merit, and the Court emphasized that the assessment order could not be set aside on such grounds. The Court highlighted that the challenge was primarily based on the Board of Revenue's order, which had already been negated by the Court. Ultimately, the Court concluded that the petition lacked merit and dismissed it. No costs were awarded, and any security amount deposited by the petitioner was ordered to be refunded as per rules. The petition was therefore dismissed, upholding the sales tax assessment order dated February 11, 1993, for the period from August 1, 1989, to July 31, 1990.
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