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2017 (1) TMI 200 - RAJASTHAN HIGH COURTImposition of penalty u/s 65 of the Act - suppression of facts - inter State sale - reopening of assessment - Held that: - the reopening of the assessment by the AO appears to be well reasoned taking into consideration that new facts and material came on record at the time of survey and originally the AO accepted the contention, on examining the books of account and once a new material has come on record, the Revenue can always reopen the cases and it cannot be said that it is change of opinion. Insofar as the levy of tax is concerned, the view of the Tax Board appears to be just and proper inasmuch as it was for the assessee to prove by acceptable evidence that it had sold the goods sales tax paid and nowhere it has been proved that even for said turnover the assessee was able to prove that it was sales tax paid. Insofar as the penalty is concerned, in my view, the same is not sustainable for the reason that it is a case of reassessment and admittedly the original assessment was also passed by the AO after examining books of account and other material and it cannot be said that the original assessment was completed without examining the books of account and other material. Admittedly it is not a case of self assessment u/s 23 without calling the assessee but was a scrutiny assessment after examining books of account and the same material has been used against the assessee. Petition allowed - decided partly in favor of petitioner.
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