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TMI Blog1971 (7) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... uting the turnovers or/and of making additional assessments where any new evidence is brought to his notice or is found in the records to which he had not adverted his mind." These three circumstances, according to the Tribunal, are not present in these two cases and therefore the assessing authority was not justified in exercising its jurisdiction under sub-section (4) of section 14 of the Act. To appreciate the question involved, it is necessary to state the relevant facts leading up to the filing of this revision. The assessee is a dealer in palmyra jaggery and he was finally assessed for the year 1963-64 on a net turnover of Rs. 17,143.76 by the Deputy Commercial Tax Officer. Nidadavole. During that assessment year jaggery was taxable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t sub-section (4) of section 14 of the Act empowers him to make a reassessment when the assessment originally made is made at a lower rate than what is provided for. The Tribunal did not agree with the Assistant Commissioner that the assessing authority could exercise his powers except in cases referred to by it in its order to which we have already made a reference. Section 14(4) of the A.P.G.S.T. Act reads: "In any of the following events, namely, where the whole or any part of the turnover of business of a dealer has escaped assessment to tax, or has been under-assessed or assessed at a rate lower than the correct rate, or where the licence fee or registration fee has escaped levy or has been levied at a rate lower than the correct rat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at turnover at the rate prescribed, we are unable to understand how it could be construed as a case where the assessing authority has exceeded his powers under subsection (4) of section 14. The Tribunal seems to be under the erroneous impression that that power could be exercised by a higher authority under section 20 of the Act and not by the assessing authority. It is obvious that there was a mistake in applying the correct rate of tax at the point of purchase during the relevant period and therefore it became necessary on the basis of the admitted facts to make a correct assessment in accordance with the provisions which prescribe the rate of tax and at which point and from what date. The cases relied upon by the Tribunal in its order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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