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2011 (8) TMI 1016 - HC - VAT and Sales TaxPowers of reassessment - Held that:- Lack of diligence on the part of the assessing authority in passing the initial order of assessment in exercise of powers conferred under section 21(4), is no justification for a reassessment under section 21(6). In any event, no serious prejudice is caused to the Revenue on account of the absence of diligence in passing the first order of assessment, since the power to revise or modify is available under section 32 of the 2005 Act. On the aforesaid analysis, the impugned order of reassessment dated July 7, 2009, passed by the first respondent for the tax periods 2006-07, 2007-08 and 2008-09, passed on no new or fresh material de hors, the record already available while passing the initial order of assessment dated April 19, 2008, is unsustainable and is accordingly quashed. The writ petition is allowed
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