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2018 (12) TMI 1230 - HC - VAT and Sales TaxValidity of re-assessment done - reassessment done on mere suspicion when there was misclassification of turnover on taxable and exempted goods - deletion of assessment in the absence of valid records in respect of heavy profit under exempted sales and heavy loss under taxable goods - Held that:- The Revision of assessment was done by the Assessing Officer invoking his power under Section 16(1) of the TNGST Act. The question would be as to whether the said power could have been invoked in the facts and circumstances of the case. The First Appellate Authority found that the Assessing Officer had revised the assessment based on his working that there was shortage of taxable turnover to the extent of ₹ 36,87,078/- and excess accounting of sales tax under exempted goods to an extent of ₹ 37,07,091/-. The First Appellate Authority rightly held that there can be no two best judgement, assessment for the same dealer for the same year. Next, the First Appellate Authority considered whether the Assessing Officer could have invoked Section 36 of the TNGST Act and after examining the facts found that the Revision of assessment itself was the case of change of opinion and no finding has been recorded that there has been any suppression on the part of the dealer. The orders passed by the First Appellate Authority as confirmed by the Tribunal are perfectly legal and valid - Tax Case Revision is dismissed.
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