9911796707
TMI Blog1973 (5) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances of the case, and in view of the suppression detected and established during the quarter ending 31st December, 1960, it is permissible to hold that there was an escapement of turnover during that quarter only and not during the other quarters covered by the relevant accounting year?" 2.. The short facts relevant for our purpose are these: The assessee is a registered dealer carrying on business in rice, paddy, etc. He had been assessed in due course under the Act for the quarters ending 30th June, 1960, to 31st March, 1961. Suppression of transaction on 24th November, 1960, to the tune of 200 bags of paddy was found whereafter action was taken under section 12(8) of the Act. For the aforesaid four quarters, the assessments were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uine and are, therefore, liable to be rejected, the rejection has to relate to the full year for which accounts were maintained. The accounts cannot be rejected for one quarter and be accepted for the remaining 3 quarters. On the other hand, the assessee's counsel contends that section 12(8) of the Act authorises reopening of the assessment for the period during which there is escapement or under-assessment. There is no reason as to why, counsel contends, the expression "period" should be equated with a "year". 4.. Section 12(8) of the Act provides: "If for any reason the turnover of a dealer for any period to which this Act applies has escaped assessment or has been under-assessed or where tax has been compounded when composition is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of Ghanshyamdas v. Regional Assistant Commissioner of Sales Tax, Nagpur, and Others[1963] 14 S.T.C. 976 (S.C.).Their Lordships were dealing with the corresponding provision of section 12(8) in the Act of the C.P. and Berar Sales Tax Act. The provision in that Act is almost similar to the relevant provision in the Orissa Act. Their Lordships were mainly concerned with the meaning of the words "escaped assessment". It is true, their Lordships have observed: "......Under section 11-A of the Act the period of 3 years has to be calculated from the expiry of the period in regard whereto any turnover has escaped assessment. As the unit of assessment is a quarter, the period in section 11-A can only mean a quarter and it cannot be furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered in a restricted manner to mean a "quarter". On the other hand, it is referable to the period for which the accounts are maintained by the assessee." 6.. Escapement has admittedly been detected for the quarter ending December, 1960. The question for consideration is as to whether on the Since reported as State v. Kanhiyalal Jain [1973] 32 S.T.C. 21. basis of the escapement noticed, the assessments for all the four quarters relating to the accounting period can be reopened. For the reasons which we have given above, it would follow that once the accounts are liable to be discarded, the proper view to be taken would be that the assessments for all the relevant quarters may be reopened on the basis of escapement or suppression found ..... X X X X Extracts X X X X X X X X Extracts X X X X
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