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2012 (10) TMI 493 - HC - VAT and Sales TaxSale occasions import - Taxation on Air conditioning equipments - @20% OR @10% - Period of limitation for revision of the order - reasonable period - Held that:- In the absence of limitation period for revision under Section 21 of the Tripura Sales Tax Act, 1976, it would be very difficult to come to a conclusion that in the given case the revisional jurisdiction invoked by the Revisional Authority under Section 21 of the said Act after a period of three years would be one exercised with malafide intention or the Revisional Authority should not exercise its revisional jurisdiction after the lapse of three years from the date of passing the order against which revision lies under Section 21 of the Act. Three years period cannot be said to be a very long period and therefore, in all these cases, we hold that the power was exercised within a reasonable period of time. As the petitioner strenuously contends that the point in the paragraph 6(v) of the impugned order dated 26.03.2012 was decided wrongly, the Revisional Authority is directed to take into consideration of the decisions of the Apex Court in State of Maharashtra v. Embee Corporation [1997 (8) TMI 443 - SUPREME COURT OF INDIA] while interpreting the expression "sale occasions import" occurring in sub-section (2) of section 5 of the Act, it is not necessary that a completed sale should precede the import. Revisional Authority is directed to dispose of the Revision Case by passing a reasoned order within a period of two months.
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