9911796707
TMI Blog2015 (12) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The Assessee is engaged in the real estate promotion and development and was registered as a dealer under the Delhi Sales Tax Act, 1975 ('the DSTA'). The Assessing Authority (AA) Ward No.96 passed an assessment order dated 31st March, 2006 for the Assessment Period 2004-05, inter alia, observing as under: "In response to ST-13 for 24.02.2006 Sh. M.S. Bisht, A/R with POA appears before me on 24.02.2006 and produced books of accounts, ledger, sale/purchase vouchers, bank books. The same have been checked. The dealer has filed summary, trading A/c with audited balance sheet (balance sheet is consolidated), list of tax paid purchases, which have been test checked Dealer filed list of tax paid purchases for Rs. 6743217/- exemption of tax p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest. 6. The challenge to the above order of re-assessment failed before the Additional Commissioner who upheld it by order dated 24th March, 2009. It was further upheld by the Tribunal by the impugned order dated 21st August, 2014. 7. While admitting this Appeal on 12th February, 2015, the Court framed the following questions of law: "(a) Were the reassessment proceedings justified in law; (b) Could the reassessment - premised upon statement of turnover - be completed on the ground that turnover had been assessed at a lower rate than what ought to have been originally done; (c) Could be Appellate Tribunal - VAT (ATVAT), in the circumstances of the case, have confirmed the demand as one relating to transfer of right to use the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... veal that as part of the process of reopening the assessment, the AA applied his mind to the relevant materials prior to arriving at the conclusion, even prima facie, that there are 'reasons to believe' that the whole or any part of the turnover has escaped assessment. 10. In response to the above query, Mr Peeyoosh Kalra, learned counsel for the Respondent fairly stated that there was no recording by the AA in the file, prior to the issuance of notice of reassessment, that there were "reasons to believe" that the whole or part of the turnover has escaped assessment for the assessment period in question. Therefore, the mandatory requirement of Section 24 (1) of the DSTA has not been fulfilled in the present case. 11. While this co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
