TMI Blog1990 (11) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... th October, 1979. There was an assessment which was concluded on 14th July, 1980. However, under annexure A dated 25th May, 1987, the respondent issued a notice purporting to invoke section 12-A of the Karnataka Sales Tax Act, 1957, which empowers the assessing authority to initiate proceedings to assess the escaped turnovers. 2.. Earlier, time within which the original assessment or even a reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essentially a fetter imposed by the Legislature against the Revenue from initiating fresh proceedings and reopen the concluded assessments and this limitation is necessary in the public interest so that the assessee may not be troubled once again. 3.. A concluded matter results not only in finality, but confers immunity on the assessee from being taxed again. A power to reopen the assessment on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was nothing pending. The assessment against the petitioner had become absolutely final without any possibility of its being reopened. In these circumstances, this Act 27 of 1985 cannot be construed as enabling the assessing authorities to initiate fresh action under section 12-A even though the period of limitation was enlarged to 10 years. The said period of 10 years will have to be underst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on hand relates to the year 1972-73 ending by 31st March, 1973. Under the unamended section, the assessing authority was entitled to reopen the assessment within 4 years next succeeding assessment (year), i.e., before 31st March, 1977. Beyond that period the reassessment was barred. Section 14(4) was amended and the new section 14(4-A) was brought into effect on 17th January, 1978, prescribing a d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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