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State Of Gujarat Versus Pepsico India Holdings Pvt Ltd.

2015 (12) TMI 577 - GUJARAT HIGH COURT

Reassessment - period of limitation - Adjustment of additional tax liability - Adjustment against Incentive limit - Revenue contends that assessee should paid the additional liability as cash - Held that:- Nothing is indicated therein as to what was the nature of concealment or incorrect declaration or return furnished by the assessee. A perusal of the order of assessment dated 27.7.2004 clearly shows that the assessing authority at the relevant time had taken into consideration the additional t .....

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ently, the Assessing Authority was not justified in invoking the extended period of limitation under section 44(a) of the Act. The Tribunal, therefore, did not commit any legal error in holding that the reassessment was barred by limitation. Having regard to the fact that the reassessment under section 44 of the Act is itself barred by limitation, it is not necessary to enter into the merits of the other issues adjudicated by the Tribunal. - order of reassessment has been held to be time barred, .....

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2003 has challenged the order dated 17.10.2014 passed by the Gujarat Value Added Tax Tribunal at Ahmedabad in Second Appeal No.17 of 2008 by proposing the following questions, stated to be substantial questions of law :- (1) Whether the Hon ble Tribunal in the facts and circumstances has erred in law and in facts in holding that reassessment order is time barred? (2) Whether the Hon ble Tribunal in the facts and circumstances has erred in law and in facts in holding that liability of additional .....

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e should have paid additional tax by way of cash payment instead of adjusting the same against the exemption limit under the respective scheme. The assessee preferred an appeal before the first appellate authority, which dismissed the appeal. The assessee carried the matter in further appeal before the Tribunal, which by the impugned order dated 17.10.2014, allowed the appeal inter alia on the ground that reassessment under section 44 of the Gujarat Sales Tax Act, 1969 (hereinafter referred to a .....

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not justified in holding that the reassessment was barred by limitation. 4. On the other hand, Mr. S. N. Soparkar, learned senior advocate with Mr. Amar Bhatt, learned advocate for the respondent invited the attention of the court to the assessment order dated on 27.7.2004 to point out that the assessing authority for the period till 31.3.2000 has computed the tax at 8% and 15% respectively and for the period April, 2000 to 31.12.2000, has computed the tax at 8.8% and 16.5% respectively, by addi .....

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lment of any material particulars or furnishing of incorrect declaration of return so as to warrant invocation of the extended period of limitation under section 44(a) of the Act. It was submitted that in case where the provisions of clause (a) of section 44 are not satisfied, the limitation for making re-assessment is five years. In the present case, the period of five years in relation to the year 2000 expired on 31.12.2005 whereas the reassessment proceedings came to be initiated on 4.2.2006 .....

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ase. 6. The facts reveal that it is an admitted position that the proceedings under section 44 of the Act have been initiated beyond a period of five years. Section 44 of the Act makes provision for Reassessment of turnover escaping assessment and lays down that if the Commissioner has reason to believe that any turnover of sales or turnover of specified sales or turnover of purchases of any goods chargeable to tax under the Act has escaped assessment or has been under-assessed or assessed at a .....

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ns, at any time within eight years, and (b) in any other case, at any time within five years. Therefore, for the purpose of invoking the extended period of limitation under clause (a) of section 44 of the Act, the appellant is required to make out a case that the reassessment proceedings had been initiated on account of the Commissioner having reason to believe that the dealer had concealed such sales or specified sales or purchases or any material particulars relating thereto, or has knowingly .....

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