Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2015 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 248 - HC - VAT and Sales TaxRejection of books of accounts - Best judgment assessment - Assessment done on the basis of SIB report - Held that:- Law laid down by the Division Bench of this Court in Ms. Vehalana Steels and Alloys Pvt Limited Muzaffarnagar vs. State of U.P. And others [2008 (1) TMI 864 - ALLAHABAD HIGH COURT] providing a copy of the report of the SIB to the revisionist during the assessment proceedings was absolutely imperative in order to enable the revisionist to prepare his defence. Having not done so the assessment order itself stands vitiated. In the present case since the Tribunal has itself remitted the matter to the assessing authority for consideration on certain questions, the order of the Tribunal deserves to be set aside. Order of the Tribunal dated 26.6.2014 and the assessment order dated 02.01.2010 and the appellate order dated 10.8.2011 are hereby set-aside. The matter is remitted to the Assessing Authority with the direction that the assessing authority shall make a fresh assessment after providing a copy of the SIB report to the revisionist and after giving him an opportunity to submit his explanation to the same. - Decided in favour of assessee.
|