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1980 (1) TMI 192

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..... sessment years 1967-68 and 1968-69. For the assessment year 1967-68, the disputed turnover came to Rs. 4,07,875.53 and for 1968-69 it was Rs. 1,88,016.21. During these years, the assessee had effected sales of calendars, novelties, scrap materials and capital assets, etc. The assessing authority originally excluded the turnover from the assessment relying on a decision of this Court in Burmah Shel .....

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..... jected the assessee's claim. That is how the matter is now brought before us in revision. In Yercaud Coffee Curing Works Ltd. v. State of Tamil Nadu [1977] 40 STC 531 it was held that it was competent for the assessing authority in a reassessment proceeding under section 16 to assess an item of turnover which had been omitted to be taxed earlier for any reason whatsoever and that the authority h .....

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..... d there is no question of any escaped turnover in proceedings under section 16. If, however, by taking a wrong view in respect of a particular item of turnover it is exempted from assessment, then to the extent that the turnover has escaped assessment, it would come within the scope of section 16. The next contention that was urged was that the reassessment orders were passed on 3rd July, 1975, .....

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..... in a judgment dated 12th November, 1979. After referring to several decisions, it was pointed out that so long as the proceedings were initiated and pending within the statutory period, there is no time-limit to the completion of the reassessment. It is not in dispute that in the present case the proceedings were pending within the statutory period. Therefore there is no bar to the completion of .....

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