9911796707
TMI Blog2003 (8) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner is a dealer, dealing in crockery, etc., and for the period ending March 31, 1994 he submitted his return under the Assam General Sales Tax Act, 1993, for short "the AGST Act". Thereafter, vide the assessment order dated June 27, 1995 the assessing authority raised further demand of Rs. 62,121 and levied penal interest to the extent of Rs. 28,545. The petitioner filed a revision befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above security amount against dues under the Assam General Sales Tax Act, which came into force on July 1, 1993. 4.. Shri Joshi, learned Senior Counsel has submitted that notices similar to annexure-1 were issued to the numerous dealers. The matter was considered by this Court in the case of Lallamookh Tea Company (P) Ltd. v. Commissioner of Taxes and the batch of writ petitions were disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the original demand of Rs. 3,25,000 was persisted upon or that no action was taken by the petitioner for non-furnishing of the said security. Moreover, the petitioner has filed copies of challans, annexure 3 which show the deposit of the security and in both the challans it is clearly stated that the payment has been made on account of adjustable security under the Assam Finance (Sales Tax) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the revisional authority has not applied his mind in the facts of the case as the petitioner never asked for adjustment of security made by him under the Assam Finance (Sales Tax) Act after the A.G.S.T. Act came into force. Petitioners had deposited a security of Rs. 5,000 vide annexure 4 and the same was not sought to be adjusted by the petitioner. The revisional authority has failed to examine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed. The impugned order passed by the assessing authority in levying interest and the subsequent order of rejection of the revision petition are hereby set aside. The assessing authority shall allow the adjustment of the security of Rs. 75,000 as claimed by the petitioner. It is submitted that the balance amount of tax has already been paid in terms of the order passed by this Court. The assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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