J&K High Court clarifies PTO's power u/s 5 for escaped assessments. Monthly vs. Annual Assessments.

The case involved the invocation of Section 5 by the Petrol Taxation Officer (PTO) regarding Escaped Assessments and the requirement of Monthly vs. Annual Assessments. The High Court held that Section 5 empowers the PTO to determine tax or penalty recoverability based on correctness of returns filed by dealers. Rule 15 mandates dealers to submit monthly returns, subject to PTO verification. The absence of provisions for escaped assessments under the Act of 2005 led the Court to affirm that PTO actions are limited to filed returns. The Court also ruled that final monthly assessments preclude subsequent reassessments after three years. The Tribunal's reference was affirmed and disposed of accordingly. .....

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