9911796707
TMI Blog2014 (4) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... hvendra Dixit, Govt. Advocate ORDER Heard. The petitioner in W.P.No.6061/2012 has challenged the show cause notice dt.9.12.2011 (Annexure P/1) and also initiation of re-assessment proceedings against the petitioner under Section 21 of Madhya Pradesh VAT Act, 2002 (hereinafter referred to 'Act of 2002'). The petitioner is a company incorporated under the provisions of Companies Act. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as parts of motor vehicle in place of iron and steel and be taxed @ 12.5 % in place of 4 %. The contention of the petitioner is that the reassessment proceedings could not be initiated against the petitioner because earlier the petitioner was assessed and a tax @ 4% was imposed against the petitioner and it was accepted, hence, on the basis of change of opinion, the re-assessment proceedings cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l to the interest of revenue consequent to or in the light of any judgment or order of any Court or Appellate Board, which has become final." In accordance with Section 21 (1) (a) of the Act of 2002, re-assessment could be initiated if the assessee has been under assessed or has escaped assesssment. The petitioner was directed to show cause that why tax @ 12.5 % be not imposed against the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 21 (1) (a) of the Act of 2002, the authority has a power to initiate re-assessment proceedings, if an assessee is under assessed. After perusal of the show cause notice, it appears that the authority initiated the proceedings of re-assessment because the petitioner was under assessed. Counsel for the petitioner has admitted the fact that subsequently the petitioner paid the tax @ 12.5% on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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