Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
CGST - Acts + GST Rates GST Ntf. GST Forms GST - Manual GST - FAQ State GST Acts SGST Ntf. I. Tax Manual
Extracts
Home List
← Previous Next →

M/s Om Shri Ganesh Steels Versus State of U.P. And 2 Others

Jurisdiction - power to reassess - re-assessment on the ground that the turnover of sale of the air ventilators has escaped assessment as tax at the lower rate of 5% instead of 13.5% was charged - Held that: - Section 29 of the U.P. VAT Act, authorizes the assessing authority to draw proceedings for re-assessment provided it has reason to believe that (i) any turn over of the dealer has escaped assessment to tax; (ii) has been under assessed; (iii) has been assessed to tax at a rate lower than o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gation that the order of assessment was passed without application of mind. - The assessing authority is not vested with any power to review its order or an order of assessment. The assessment order passed by the assessing authority is only open for re-assessment subject to fulfilment of the essential conditions as laid down under Section 29 of the U.P. VAT Act. The power of re-assessment is quite different and distinct from that of review or of the appellate power. Therefore, the assessing .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rit Tax No. 834 of 2016 - Dated:- 10-5-2017 - Hon'ble Pankaj Mithal And Hon'ble Vinod Kumar Misra, JJ. For the Petitioner : Piyush Agrawal For the Respondent : C.S.C. ORDER We have heard Sri Piyush Agrawal, learned counsel for the petitioner and Sri C.B. Tripathi, learned counsel for the respondent. The pleading exchanged between the parties have also been perused by us. The petitioner is proprietorship firm dealing in sale of iron and steel items. The some of the items in which the peti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lassified item no. 97 of Schedule II of Part A of the U.P. VAT Act. The petitioner has now been served with an order dated 21st November, 2016 purported to be have been passed under Section 29(7) of the U.P. VAT Act granting permission for re-assessment on the ground that the turnover of sale of the air ventilators has escaped assessment as tax at the lower rate of 5% instead of 13.5% was charged. Consequently, notices for re-assessment dated 8th December, 2016 have also been issued. The aforesa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

essing authority could have formed any reason to believe that the petitioner was assessed to tax at a lower rate than prescribed or that the turnover has escaped assessment. Sri C.B. Tripathi, learned Standing Counsel, on the other hand contends that as the assessment order was passed without application of mind and the air ventilators are un-classified items, they are taxable at the rate of 13.5% and as such turnover has escaped assessment by charging lower rate of tax. Section 29 of the U.P. V .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s reason to believe that any of the above four conditions exists. Therefore, existence of reason to believe is an essential condition for exercising the power of re-assessment. The re-assessment proceedings are ordinarily undertaken within three years from the end of the relevant assessment year as laid down under Section 29 (3) of the U.P. VAT Act but they can also be initiated subsequent to the above period of three years but before expiry of 8 years from the end of the relevant assessment yea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hers 2017 U.P.T.C.-262 considered the phrase " reason to believe" as used in Section 21 (1) of the U.P. Trade Tax Act, 1948 in connection with re-assessment and inter alia held that if assessing authority forms an opinion during the original assessment proceedings on the basis of material facts and subsequently finds it to be erroneous, it is not a valid ground under law to initiate proceedings for re-assessment upon the same material. The "reason to believe" cannot be said t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

) of the U.P. Trade Tax Act, 1948 is the same as used in Section 29 of the U.P. VAT Act and both the provisions are paramateria with one another. Apart from the fact that the assessing authority has subsequently come to the conclusion that the air ventilators in which the petitioner deals were not taxable as a classified items at the rate of 5% but as un-classified item at the rate of 13.5% is nothing but a change of opinion on the allegation that the order of assessment was passed without appli .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| 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