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2018 (4) TMI 49 - HC - VAT and Sales TaxValidity of reassessment order - Whether the objection raised by Audit party is sufficient in meeting with requirement of section 15 of the Himachal Pradesh General Sales Tax Act, 1968 read with Rule 61 so as to enable the assessing authority to frame the reassessment without application of his own mind to the facts and circumstances of the case? - Held that: - the issue is no longer res integra for the Hon’ble Supreme Court of India in Indian and Eastern Newspaper Society Vs. Commissioner of Income-Tax, New Delhi [1979 (8) TMI 1 - SUPREME Court] has held that the opinion of an internal audit party of the income tax department on a point of law cannot be regarded as “information” within the meaning of s. 147(b) of I.T. Act, 1961. The order of reassessment dated 24th May, 2003, passed by Assessing Authority, Solan; order dated 10th May, 2005, passed by Additional Excise & Taxation Commissioner-cum-Appellate Authority (South Zone), Himachal Pradeshare quashed and set aside - appeal allowed.
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