9911796707
TMI Blog2014 (7) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... easons recorded by the Assessing Authority can authorize the Assessing Authority for reassessment within a period of 8 years after expiry of assessment year. The provision requires recording of reasons by the Commissioner. The reason has been recorded by the Commissioner in the impugned order which is already quoted herein above. Therefore to argue that the impugned order suffers from illegality of having no reasons therein cannot be accepted. From the perusal of the orders passed by the Assessing Authority, First Appellate Authority and the Second Appellate Authority it is quite apparent that the reason given in the impugned order for reassessment have not been considered in any of those orders to the effect that sale was to units estab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2008-09 the Company was assessed on 23.04.2011 and an assessment order was passed thereupon. The Assessing Authority did not allow Input Tax Credit (ITC) for ₹ 4,98,857/- and reversed the same as reverse ITC (RITC). The petitioner-Company filed appeal before the Additional Commissioner Grade-II (Appeal) Ist Commercial Tax Moradabad and the Additional Commissioner by his order dated 19.09.2012 partly allowed the appeal of the petitioner, however, the Appellate Authority upheld the order of Assessing Authority insofar as the RITC was concerned. Learned counsel states that the petitioner-Company then filed a second appeal before the Commercial Tax Tribunal, Moradabad Bench, Moradabad which partly allowed his appeal by the order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... materials. The second ground submtted by the petitioner to assail the impugned order is that while passing the orders for reassessment under Section 29(7) of the Act the Additional Commissioner Grade-I ought to have considered that neither the department nor the Company challenged the order passed by the appellate authority hence those orders stood affirmed and there was no dispute any further. He states that under such circumstances the Respondent No.2 could not have come to a conclusion that the assessment of tax of turnover had escaped assessment so as to invoke the provision of Section 29(7) of the Act. Sri Rohit Agarwal further states that in light of the provision of Section 13(2) of the Act the credit of full or partial amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aft paper and craft paper liner was made to the units established in the special economic zone hence does not come within the ambit of Section 13(7) of the Act therefore was not entitled to claim ITC on the purchase of such raw material. The submission that Section 13(1)(iii) contemplates allowing of credit of the amount as Input Tax Credit to the extent provided in Column 3 of the table would be 'Full amount of input tax' and hence when there is purchase in the course of the export o the goods out of the territory of India the petitioner was entitled to the credit since the purchase was in the special economic zone appears to be misconceived. The reason being that Section 13(7) provides for an exception. Section 13(1)(a) and Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re sold in the course of the export of the goods out of the territory of India; or(ii) any taxable goods except non-vat goods and where such manufactured goods are sold either inside the State or in the course of inter-state trade or commerce Full amount of input tax 3 If purchased goods are -(i) transferred or consigned outside the State otherwise than as a result of a sale; or (ii) used in manufacture of any taxable goods except non-vat goods and such manufactured goods are transferred or consigned outside the State otherwise than as a result of a sale. Partial amount of input tax, which is in excess of four perent of the purchase price on which the dealer has paid tax ei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis of reasons recorded by the assessing authority, is satisfied that it is just and expedient so to do, authorises the assessing authority in that behalf, such assessment or re-assessment may be made within a period of eight years after expiry of assessment year to which such assessment or re-assessment relates not withstanding such assessment or re-assessment may involve a change of opinion. The aforesaid provision relates to assessment of tax of turnover which has escaped from assessment. Sub-clause 7 of Section 29 provides that the Commissioner on his own or on the basis of reasons recorded by the Assessing Authority can authorize the Assessing Authority for reassessment within a period of 8 years after expiry of assessment year. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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