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2009 (5) TMI 877 - HC - VAT and Sales TaxWhether, on the facts and circumstances of the case, the Tribunal is correct in law in holding that assessment framed falls under section 11(3) of the Act and not under section 11(4) or 11(5) so as to attract bar of limitation? Is Tribunal correct in law in upholding assessment for the financial year when the unit of assessment is a return period and a quarter in the case in question? Held that:- Assessment has been framed by accepting returns filed on record. Even otherwise there is no addition on guess-work or estimate. . .". The Division Bench judgment of this court in the case of Avtar Singh Ranjit Singh v. State of Punjab [1982 (4) TMI 269 - PUNJAB AND HARYANA HIGH COURT], has no application to the facts of the instant case because in that case there were categorical findings by the Financial Commissioner showing that terms of show-cause notice were partly complied with. Therefore, the argument that the assessment should be considered to have been framed on the basis of best judgment assessment of the Assessing Authority within the meaning of section 11(4), is wholly unsustainable and is liable to be rejected. Accordingly, the first question is liable to be answered against the dealer-petitioner and in favour of the Revenue. The scheme of the Act as well as that of the Rules would show that the power vests in the Assessing Authority in specific cases to fix a different return period. In that regard reference may be made to rules 20, 22 and 23 of the Rules. Therefore, it cannot be concluded that unit of assessment is only one quarter and not the year. The question, thus, deserves to be answered against the dealer-petitioner and in favour of the Revenue.
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