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TMI Blog1987 (7) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... of cashew and pepper in the light of the decision of the Supreme Court in State of Madras v. T. Narayanaswami Naidu [1968] 21 STC 1. The assessee filed a second appeal before the Appellate Tribunal. It was contended that the assessment is barred by limitation. The Appellate Tribunal negatived this plea. Thereafter the assessing authority, in pursuance of the directions of the Appellate Assistant Commissioner, re-examined the liability on closing stock and finalised the fresh assessment on a taxable turnover of Rs. 26,92,382.04. An appeal was filed before the Appellate Assistant Commissioner, who, by his order dated 25th May, 1981, dismissed the same. Thereafter the assessee filed a second appeal before the Sales Tax Appellate Tribunal and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal, that the original assessment is not barred, became conclusive. Even on the merits, we find that there is no force in this plea. The General Sales Tax Act, 1125 was repealed on 31st March, 1963. Thereafter, in view of section 61(1) of the Kerala General Sales Tax Act, the proceedings had to be pursued under the new Act and the assessment was made only on 16th December, 1967 (sic). It is stated that the assessee filed monthly returns for the entire year. It is trite law that the proceedings for assessment start either by the filing of a return by the assessee or by the issue of a notice by the assessing authority. It is further settled law that when once assessment proceedings are initiated or commenced, it will come to an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red at the time of original assessment, the turnover relating thereto should be deemed to have escaped assessment, and in that view of the matter, a right accrued to the assessee not to be assessed relating to the said turnover. There is no force in this plea. Acceptance of the argument of the counsel would equate "has escaped assessment" to a position, "has not been assessed". That this is not the meaning to be given to the words "escaped assessment" was settled as early as 1934 in Sir Rajendranath Mukerjee v. Commissioner of Income-tax [1934] 2 ITR 71 (PC) at page 77. It passes one's comprehension to appreciate this plea, since, when the entire assessment is at large and the proceedings are commenced by the filing of a return and are stil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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