9911796707
TMI Blog2002 (7) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... therefrom. The petitioner was a dealer of Indian-made foreign liquor. For the assessment year 1993-94, on the basis of exhibit P1, the petitioner was subjected to tax liability, by order dated January 9, 1995. Thereafter, a notice under section 19 had been issued to him suggesting that there was under-assessment since turnover had escaped from the assessment. Notwithstanding the objections of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e turnover of business of a dealer has escaped assessment to tax in any year or had been under-assessed or assessed at the rate lower than the rate at which it is assessable or any deduction is made wrongly therefrom, the assessing authority, at any time within five years from the expiry of the year to which the tax relates, can proceed to the best of its judgment, to determine the turnover which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... April 1, 1998 and not from April 1, 1994. Therefore, by the time the provision was introduced in the statute book, the petitioner's assessment for 1993-94 was out of reach of the department as the four-year period had expired on the date the said amendment was introduced. Therefore, the contention of the petitioner, is to be accepted, that on the strength of amendment, 1998 and section 19 it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the assessment year, 1954-55. It was opposed, by the assessee as a notice barred by limitation. On the facts of the said case, it was held that the right to commence the proceedings for assessment ended on 31st March, 1956 under the Act and before it was amended. The authority was conferred upon the officer to assess a person as an agent of a foreign party under section 43 within two years fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceed against the petitioner under section 19 had been barred, as on April 1, 1998. Therefore, action could not be taken under section 19. Consequently exhibit P6 is to be declared as null and void, as was without jurisdiction. 6.. Reassessments are therefore hereby set aside as also consequential proceedings for imposition of penalty. The original petition is allowed in the above terms. Or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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