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2016 (11) TMI 807 - HC - VAT and Sales TaxFailure to file objections in response to notice - request for one more opportunity of being heard - Held that: - the assessment order has been made only on surmises and conjunctures and not based on the books of accounts and the penalty is also levied more than 150% of the tax component. Therefore, in the interest of justice, we are of the view that the petitioner has to be given one more opportunity to produce the accounts before the assessing officer so as to have a fair deal in the framing of assessment. Impugned order set aside - matter remitted back to the respondent and the respondent is directed to conduct a detailed enquiry by summoning the sellers and to grant an opportunity to cross examine the sellers for establishing that the petitioner had not effected such purchases. The said exercise will be completed within a period of three months - petition allowed - decided in favor of petitioner.
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