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2013 (11) TMI 1531 - HC - VAT and Sales TaxReassessment proceedings - Penalty @150% - Held that:- reassessment order has been passed by the AO solely on the basis of show cause notice issued by the Excise Department. It can be seen that the assessment which was previously concluded was reopened on the premise that during the excise raid, it was revealed that the petitioner had clandestinely removed goods without payment of excise duty. The Sales Tax Department, therefore, formed a belief that value of the goods + Excise duty evaded and formed part of turnover of the assessee for the purpose of tax under the VAT Act. Identical question came to be considered by this Court in the case of Futura Ceramics Pvt. Ltd. (2012 (12) TMI 955 - GUJARAT HIGH COURT) and a similar reassessment order which was passed on the basis of the show cause notice issued by the Excise Department has been set aside - Decided in favour of assessee.
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