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TMI Blog1981 (1) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... d the following question of law to this Court for its opinion: "Whether, under the facts and circumstances of the case, the assessment of the dealer could be reopened under section 19(1) and declarations in form XII which had been accepted. originally by the assessing authority could be rejected on the ground that they were defective and the turnover reassessed to tax?" 2.. The material facts gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs. 2,86,396 allowed under section 2(r)(iv) of the Act should not be disallowed. The assessee objected to the proceedings on the ground that action under section 19(1) of the Act was not called for in the circumstances of the case. The assessing authority, however, rejected that contention. An appeal preferred by the assessee against that order was rejected by the Deputy Commissioner. On second ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any reason the sale or purchase of goods chargeable to tax under the Act has been under-assessed or has escaped assessment or assessed at a lower rate or any deduction has been wrongly made therefrom, the assessing officer can, at any time within five calendar years from the date of the order of assessment, reopen the assessment. In view of the clear language employed in section 19(1) of the Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Privy Council in Commissioner of Income-tax, Bengal v. Mahaliram Ramjidas[1940] 8 I.T.R. 442 (P.C.)., while considering a similar provision under the Indian Income-tax Act, 1922. We see no reason to differ from the view taken in these decisions. The Board has not in the instant case found that the action of the assessing authority in initiating proceedings under section 19(1) of the Act was not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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