Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (3) TMI 1033 - HC - VAT and Sales TaxReassessment proceedings initiated for the assessment year 2002-03 under the proceedings of section 21 of the U.P. Trade Tax Act, 1948 read with section 9(2) of the Central Sales Tax Act Held that:- On facts it is clear that the matter, which had been sent for verification under the remand order dated March 10, 2006, was concerned with stock transfers made to seven depots worth ₹ 63,26,28,594. Upon remand an order was passed on March 12, 2007 in which the assessing authority having verified the form F supplied by the assessee had come to the conclusion that the forms F amounting to 131 numbers were all found to be genuine and correct. The value of these forms added up to the value of ₹ 63,26,28,594. Thus, there is no doubt that the remand order dated March 10, 2006 and the order dated March 22, 2007 relate to the same transactions, which have been duly verified. Insofar as the question of the initiation of section 21 proceedings is concerned, I am of the view that the proceedings were not justified because during the pendency of the original assessment proceedings under section 7 of the Act it could not be said that any turnover had escaped assessment as contemplated by section 21 of the Act. In favour of assessee.
|