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2021 (9) TMI 205 - ORISSA HIGH COURTReopening of concluded assessments - Second round of litigation - Earlier, the Court set aside the impugned orders on the sole ground of violation of the principle of natural justice - The Court directed that notice be issued to the Petitioner and after affording it an opportunity of being heard, a fresh reasoned order should be passed by the Dy. CST, Balasore. - HELD THAT:- Under Rule 26-A of the OST Rules, a registered dealer is expected to preserve books of account and other documents including bills, credit and cash memoranda, invoices and vouchers, etc. relating to the business of any year for a period of three years thereafter or for a period of 12 months after finalization of the order of assessment or penalty in appeal, revision or reference for the year to which it relates, whichever is later - As far as the present case is concerned, even if the aforementioned periods of limitation have been crossed, there is no legal basis for the Department in the present case to have sought to re-compute the tax, surcharge and interest payable by the Petitioner for the aforementioned periods. Once the assessment for a period has attained finality, and has not been re-opened by the Department in accordance with law, it is not possible for the amount of the tax, surcharge and interest payable for that period to be re-computed - In the present case too appears to be no scope for re-opening of the concluded assessments or re-computation of the amount of tax and surcharge payable for the aforementioned periods 2000- 2001, 2001-2002, 2002-2003 and 2003-2004. This Court finds the impugned re-computation orders to be unsustainable in the eye of law and therefore they are hereby set aside - Petition allowed.
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