TMI Blog2001 (1) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... tices need mention infra. 2.. Petitioner is a firm engaged in the business of manufacturing and sale of welding electrodes. It is a dealer duly registered as such under State as also Central Sales Tax Acts. 3.. For the period October 1, 1986 to September 30, 1987 the petitioner was assessed by the assessing officer (Assistant Sales Tax Commissioner) by its order dated July 12, 1989 (annexure P2). While making the assessment, for this period, one of the main question was, whether the assessing officer was justified in not giving set-off to the petitioner on the tax-paid iron purchased by the petitioner in the light of Notification No. A-5-10-87-ST-V-(47) dated November 17, 1987. Since the contention of petitioner was not accepted by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... October 1, 1987 to September 30, 1988 and October 1, 1988 to March 31, 1989 the assessing officer passed two assessment orders on May 31, 1990 (annexures P5 and P6). In these two assessment orders, the petitioner was granted the benefit of set-off because by the time these two assessment orders were passed, the revisionary court had already passed the order arising out of assessment order for the earlier period. In effect, therefore, the petitioner got the benefit of set-off in all the three years assessment. In the first year by virtue of revisionary authority order and in other two subsequent period, without there being any specific direction by revisionary authority but on principle that was laid down by the revisionary authority. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed resulting in quashing of impugned reassessment notices. 11.. The issue whether petitioner is entitled to set-off was admittedly the subject-matter of revision at the instance of petitioner. It was also undisputed that eventually, the revisionary authority did decide this issue in favour of the petitioner and held the petitioner to be entitled to claim the set-off in the light of notification dated November 17, 1987. This order of revisionary authority was given effect to and consequently fresh assessment order was also passed and indeed had to be passed for the reason that State (department) did not question the correctness of revisionary order in the higher court/Tribunal. In other words, the revisionary authority order had become ..... X X X X Extracts X X X X X X X X Extracts X X X X
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