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2019 (6) TMI 803 - HC - VAT and Sales TaxConcessional rate of tax - Form-C - CST Act - interstate trade or commerce - revision of the assessment on the basis of Forms submitted post assessment - HELD THAT:- With regard to exemption to a dealer under the CST Act for sale made in the case of interstate trade or commerce to a registered dealer for the purpose of setting up, operation, maintenance, manufacture, trading, production, processing, assembling, repairing, reconditioning, re-engineering, packaging or for use as packing material or packing accessories in a unit located in any SEZ, the same is contained in Sub Section (6) of Section 8 of CST Act. Sub Section (6) of Section 8 of CST Act was inserted in the CST Act vide Act 20 of 2002, which is Finance Act. It was inserted with effect from 11.05.2002. The applicability of Sub Section (6) of Section 8 of CST Act and exemption on submission of Form I subject of course to scrutiny of Form I, by the Assessing Officer is not in dispute. Revenue is not disputing the principle and ratio laid down in East Coast Bearings case [2018 (3) TMI 681 - MADRAS HIGH COURT] . The principle in very simple terms is that certain Forms submitted by an assessee post completion of assessment order, can certainly be looked into and there can be revision of the assessment on the basis of Forms submitted post assessment, subject of course to scrutiny of the Forms. It is also to be noted that there are no other attendant issues or facts, which impact this exercise in the instant case. Respondent assessee shall examine Form I submitted by the petitioner assessee on 13.02.2019 and pass assessment order afresh. If it entails revision of assessment order already made on 31.8.2017, the same shall be done. The impugned order is set aside - petition allowed.
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