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TMI Blog1991 (2) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1941?" The facts as set out in the statement of the case briefly are that the assessment for the year 1968-69 was framed by the assessing authority, Ward No. 7, vide his order dated 5th March, 1970. It appears that prior to this date, the business premises of the dealer had been visited by the Sales Tax Inspector (Special Investigation Branch) on 29th April, 1968, and one page of a diary on which amounts of Rs. 400 and Rs. 4,765.33 and the name of M.L. Aggarwal written thereon was found. Statement of the partner of the dealer was recorded and the said partner had admitted that these amounts had, been spent on making purchases. The report of the Inspector was not received by the assessing authority till 31st July, 1972. When the report w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt or has been under-assessed in any year, the Commissioner may, at any time within the period of three years following the close of the year for which the turnover is proposed to be assessed or reassessed, as the case may be, send a notice to the dealer, and after hearing him and making such inquiry as he considers necessary may proceed to assess or reassess, as the case may be, the tax payable on the turnover which has escaped assessment or has been under-assessed, and all the provisions of this Act, and the rules made thereunder shall, so far as may be, apply accordingly for the purpose of the assessment or reassessment of the tax, as the case may be." Sub-section (3) of section 20 of the Act, which deals with the revision, is as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same it is found that the assessing officer has not carried out the investigation properly, then the jurisdiction of revision is exercised. In other cases where there has been under-assessment or the assessment has escaped tax, resort can be had to reassessment proceedings. It appears to us that this reasoning of the Financial Commissioner is correct. To put it differently, powers of revision can be exercised to correct a wrong committed by the assessing officer. This means that if the assessing officer, at the time of making the assessment, could pass a correct order but he has failed to do so, then that error or mistake can be corrected by the revisional authority. If what the assessing officer could or should have assessed but he has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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