9911796707
TMI Blog2017 (7) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... revision is not permitted by law - it is not a case of concealment nor the Revisional power is exercised on account of some manipulation of figures by the Assessee. In fact, the turnover in the return was supported by all requisite bills and invoices. Even then, a higher turnover was assessed by the Primary Authority with reference to the market price of the goods and this was accepted by the Assessee and demanded tax on the determined turnover was paid. The exercise of Revisional power under Section 82 of the VAT Act in such circumstances is found to be untenable and the same stands quashed - appeal allowed - decided in favor of appellant. - WP (C) No. 4134/2010 - - - Dated:- 13-7-2017 - Hrishikesh Roy, J. For the Petitioner : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of inter-state trade. But the first show cause notice of 2.8.2007 was cancelled and substituted by a 2nd notice, dated 28.11.2007 (Annexure-III). The Deputy Commissioner of Taxes in the 2nd notice referred to the declared turnover at the Assam Check-gate to the tune of ₹ 3,21,70,791/- and accordingly asked the dealer to show-cause as to why the suo-motu Revision of Assessment should not be made, in respect of the earlier assessment order dated 30.4.2007. Opportunity of only 7 days time was granted for appearance of the Assessee and they could not appear and subsequently, the impugned order was passed on 29.2.2008 (Page-32) cancelling the original Assessment and direction was issued for fresh assessment on higher turnover of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessee in their return claimed the turnover of ₹ 1,73,75,080/- by declaring the price of jute at ₹ 4.55 per k.g. but this was not accepted by the Primary Authority by considering the said price to be on the lower side. Thus the market price of jute was determined by the Assessing Authority at ₹ 5.10 a k.g. and on that basis, the higher taxable turnover was determined at ₹ 1,94,57,816/- instead of 1,73,75,080/-. The assessment so made by the Assistant Commissioner of Taxes was accepted by the dealer and the payable tax was deposited, by the assessee. 7. However suo-motu Revisional power under Section 82 of the VAT Act was invoked by referring to the jute price declared at the Assam Check-Gate in course of inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revisional power is exercised on account of some manipulation of figures by the Assessee. In fact, the turnover in the return was supported by all requisite bills and invoices. Even then, a higher turnover was assessed by the Primary Authority with reference to the market price of the goods and this was accepted by the Assessee and demanded tax on the determined turnover was paid. Nevertheless without indicating how the assessed turnover was erroneous with cogent materials, the suo-motu Revisional power was invoked to order for re-determination of tax on a higher figure. The exercise of Revisional power under Section 82 of the VAT Act in such circumstances is found to be untenable and the same stands quashed. Thus re-assessment of tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
