2011 (1) TMI 1336 - HC - VAT and Sales Tax

Summary

Issues involved: Reassessment under Section 21 of the U P Trade Tax Act, 1948 for Assessment Years 2000-01 to 2004-05.

Facts: The petitioner traded in 'Banphool Oil' in the Assessment Year 2000-01 and in both 'Banphool Oil' and 'Arnica Oil' for subsequent years. Assessment orders were passed for these years, followed by reassessment proceedings initiated later. Approval was granted for reassessment for certain years, while for one year within the time limit, no approval was required.

Decision: The notices for reassessment were issued based on relevant decisions and cannot be invalidated. The petitioner's argument that the assessment for 2000-01 cannot be reopened was dismissed as the order indicated a tentative view and subsequent adverse information justified reassessment. The reassessment notice covering both 'Banphool Oil' and 'Arnica Oil' for later years was deemed legal. The approval for reassessment was considered valid even though not detailed, as it was not necessary for the approving authority to provide extensive reasoning.

Outcome: The writ petitions were dismissed, and the petitioner was directed to appear before the Assessing Officer with a certified copy of the order. The time taken for this filing would be excluded from the limitation period for passing the reassessment order.