TMI Blog2017 (9) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... found to be not acceptable to Revenue. The question is not about the correctness of the accounts. It is about verification to be done by the assessing authority before issuing speaking order on finalization of provisional assessment. The original authority had applied his mind and passed a speaking order. It is not open for starting a fresh proceeding without reviewing the said order for further appeal - appeal allowed - decided in favor of appellant. - E/961/2006 & E/1001/2006 - Final Order No. 42016-42017/2017 - Dated:- 11-9-2017 - Ms. Sulekha Beevi C.S., Member (Judicial) And Shri B. Ravichandran, Member (Technical) Ms. Vishnupriya, Advocate, for the Appellant Shri A. Cletus, ADC (AR) for the Respondent ORDER Per: B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities raised the legal objection regarding tenability of the proceedings initiated by these SCNs. It is submitted that the provisional assessment which was on the concession available to the appellant under the said notification was finalized based on the documents and calculations submitted by the appellants. The original authority finalized the provisional assessment in July 2000 itself. The present proceedings, re-opening the said assessment, initiated by the SCNs issued in May 2004 by is not legally tenable. It is further submitted that any order passed in finalization of provisional assessment is to be reviewed by the Commissioner, for an appeal. The period of limitation will apply. In the present case, almost after four years, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order. In such circumstances, we are not in agreement with the Revenue to the effect that the said assessment can be re-opened invoking provisions of suppression, willful misstatement etc., much later. The documents which were verified by the Revenue to make such allegations were very much available at the time of finalization of provisional assessment. The assessing authority did not cause any further verification and accepted simply the data provided by the appellants. The calculations made by the appellants to arrive at the quantum of concession were admittedly were now not accepted by the Revenue. The question remains that whether on the failure of the assessing authority in getting the full matter verified to his satisfaction before i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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