Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Balani Enterprise Versus State of Assam And Others

2015 (6) TMI 376 - GAUHATI HIGH COURT

Validity of Reassessment proceedings - Incorrect return files - Held that:- subsequent material, a declaration furnished by the petitioner itself under the statutory form 65A, disclose that the quantity and value of the goods were more than what were furnished in the return. Therefore there does not appear to be any reason to hold that the reassessment order is not based on the valid material which is found subsequent to the assessment. That apart the order is an appelable order. The petitioner .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t amounts to commission of offence punishable under section 415, read with section 417 of the Indian Penal Code. The authorities should not remain complacent by invoking right of reassessment; they should also effectively prosecute the person who files a false return by filing a complaint, seek condonation of delay under section 468 of the Criminal Procedure Code if necessary to sternly deal with such cases of false and dishonest returns - Decided against assessee, - WP (C) 2577/2008 - Dated:- 9 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ax Act, 2003 for reassessment on the ground that there has been an escape of assessment on the basis of the contents of form 65A submitted by the petitioner at the check-post in West Bengal. The quantity of goods shown in form 65A was found to be higher than the one shown in the return, which was assessed in the year 2007. In view of the new-found material a demand notice had been issued, aggrieved by which this appeal was filed by the petitioner. 3) The counsel for the petitioner submitted that .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

which he receives subsequent to the assessment order in order to confer upon him the jurisdiction to initiate proceedings under that section. Mere escaping of assessment is not enough, but the Superintendent is to be satisfied that there is escape of assessment based upon information which he has come by subsequent to the assessment order . 5) The counsel for the petitioner relying on the above observation submitted that merely because there is an allegation of escape of assessment the reassessm .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version