2013 (7) TMI 870

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..... justified in setting aside the assessment. Further, in view of the judgment in the case of Agarwal Salt Company [2007 (11) TMI 564 - RAJASTHAN HIGH COURT] cited by learned counsel for the respondent, the issue otherwise has also become academic. - there is no substance in the revision petition - Decided against Revenue.
ARUN BHANSALI, J. For the Appellant : Dinesh Godara for V.K. Mathur For the Respondent : Suresh Ojha ARUN BHANSALI J.-This revision petition under section 86 of the Rajasthan Sales Tax Act, 1994 ("the Act") has been filed against the order dated August 9, 2004 passed by the Rajasthan Tax Board, Ajmer ("Tax Board"), whereby, the appeal filed by the respondent has been partly allowed, by the tax b .....

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..... he assessment being time-barred and, therefore, there was no question of remanding back the matter to the assessing authority. The learned Tax Board after hearing the parties came to the conclusion that the amendment in the provisions introduced in the year 1991 reducing the period of limitation from eight years to five years for issuing notice for reassessment would be applicable and held that the assessment proceedings for the assessment years 1989-90 and 1990-91 had become timebarred. It, however, upheld the remand for reassessment for the year 1991-92. The learned counsel for the petitioner-Department submitted that the provisions as existing during the relevant assessment year shall only govern the limitation for issuing notice for r .....

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..... C), wherein, this court held thus (pages 597 and 598 in 123 STC): "9. The question can be viewed from slightly different angle. Prescribing of period under the taxing statutes is usually not considered as law of repose. That is to say that for all times, in such cases law authority reopening of closed assessment is to looked as on the date power thereunder is to be exercised. It is not a case for enforcement of right but it is a case of exercise of power by the authority designated under the relevant statute. When the officer takes recourse to the proceedings and exercises his power, it has to in accord with provision at the time the authority under the statute seeks to exercise power conferred by statute. It has to be in accordance o .....

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