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2017 (12) TMI 690 - HC - VAT and Sales TaxReassessment of tax - extended period of limitation - Section 29 (7) of the U.P. V.A.T. Act, 2008 - Change of opinion - Held that: - there is no quarrel with the proposition that the reassessment proceedings may be initiated and reassessment order may be passed only after the assessing officer has recorded his 'reason to believe' that any turn over has escaped assessment. The objection of the State in the present case appears to be that the stage of applying the aforesaid principle has not arisen inasmuch as at present, neither the Additional Commissioner had granted the sanction to the petitioner's assessing authority to initiate assessment proceedings in the extended period of limitation nor the assessing authority has yet issued any notice to initiate reassessment proceedings. The objection raised by the petitioner assumes significance inasmuch as the said issue was admittedly extensively and squarely dealt with by the assessing officer in the original assessment order dated 19.12.2013 - To allow the revenue to obtain sanction in absence of any 'reason to believe' (as to escapement to tax of any turn over), would be to allow the revenue authorities to find new way to harass the assessee. Petition allowed - decided in favor of petitioner.
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