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2015 (6) TMI 376 - GAUHATI HIGH COURT

2015 (6) TMI 376 - GAUHATI HIGH COURT - TMI - 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 th .....

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n to cause loss to the state revenue. If so, it 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 ag .....

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ed under section 40 of the Assam Value Added Tax 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) .....

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ax has escaped assessment must be information 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 al .....

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the goods has to produce at the check-post the valid tax clearance certificate in form 63, invoice, consignment-note, and manifesto of the transporter for passage of the goods in the inter-state trade. Therefore there has been no default on the part of the petitioner which enables the authorities to invoke the powers of reassessment under section 40 of the Assam Value Added Tax Act, 2003. 8) After going through the submissions made at the bar and hearing the counsel for the department we find th .....

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