2010 (9) TMI 983

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... condonation of delay in preferring the revision application. This court, while considering the matter on June 11, 2010, did not direct issuance of notice at least in the application for condonation of delay upon the respondent, instead directed production of translated version of the impugned order. Today the translated version of the impugned order has been produced. We have perused the impugned .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The reason for initiation of the said proceeding was basically change of an opinion. Further, before proceedings under section 21 were initiated, no notice was given to the assessee. In the circumstances, noting different judgments rendered by the Tribunal on earlier occasions on similar subjects, the Tribunal allowed the appeal of the assessee and quashed the proceedings under section 21 of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g on the basis that the same was purchased from registered dealers. When recourse was purportedly taken under section 21, it was held out that such exemption is not allowable, since such purchase was not made from registered dealers. As aforesaid, recourse to section 21 could not be taken in such circumstances. For what we have stated above, we feel that there was no legal basis of initiating p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X