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2019 (2) TMI 1089 - HC - VAT and Sales TaxAssessment and re-assessment made under the Kerala Tax on Luxuries Act, 1979 - invocation of sub-section (5) of Section 6; which sub-section was brought in, after the subject assessment years, in August, 2006 - constitutional invalidity - re-assessment carried out for the years 2000-01 to 2004-05. Held that:- Under the Income Tax Act on the facts of the present case, the re-assessment would not be possible since the Assessing Officer had looked at the total turnover in the Ayurvedic Centre and Boat Hiring centre etc.,and had consciously excluded a portion of the same as being not covered under the Act. However, we find that the provision under Section 6(5) is in pari materia with the Agricultural Income Tax Act. The Assessing Officer hence is clothed with the power to even interfere with the earlier finding in regular assessment provided it is done within a period of five years as provided under the provisions for re-assessment. There is no reason to so keep in abeyance the demand raised or direct rectification of the assessments carried out on the said ground raised. The accounts of the assessee which were confirmed at the AGM's earlier constituted; when recast can only have implications to the share-holders. The assessment made under the Act of 1976 is only on the receipts of the Hotel which would not at all be altered and the same is based on the books of account as maintained by the Hotel and verified by the Assessing Officer. There can be no alteration of the receipts at this stage when the last of the assessment years we are concerned with is about 14 years prior. Appeal is partly allowed setting aside the re-assessment made for the year 2000-01 but upholding the re-assessment for the other years.
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