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TMI Blog2017 (8) TMI 1567X X X X Extracts X X X X X X X X Extracts X X X X ..... forth before this court is that the State Government had issued a circular dated 16.06.2014 giving a new definition to "market value" as has been inserted as Section 2(fff) with effect from 01.04.2014 under the Chhattisgarh Entry Tax (Amendment Act), 2014. The assessment years in all the writ petitions are in respect of periods prior to the issuance of circular giving new definition to market value which has been brought into force from 01.04.2014. In all these writ petitions, the assessment for the year under dispute had not been assessed previously i.e. to say it is a fresh assessment for the respective years in each of the writ petitions. 4. The only issue which has been raised by the petitioners in this batch of petitions is that wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of newly amended definition of market value, the calculation would be made on the basis of rates which were in force till 31.03.2014 or whether it would be the rates as per new amended provisions of market value which has come into force from 01.04.2014. 8. Having gone through the decision passed by the co-ordinate Bench of this High Court in WPT No. 157 of 2014, this issue earlier has been discussed from paragraphs 32 to 36 wherein relying upon the decision of Supreme Court more particularly in case of M/s. Reliance Jute and Industries Ltd. Vs. C.I.T. West Bengal, Calcutta, 1980 (1) SCC 139, it has been observed as under: "32. The amendment was made in the year 2014, on the face of it, clearly states that it shall come into force with e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e" into account, and except the circular of the Commissioner directing opening of reassessment even of concluded assessment on the basis of amendment brought into force from 1-4-2014, there is no fresh/additional material brought on record which can be made basis for reopening the concluded assessment by the assessing officer. Thus, in my considered opinion, the assessing authority has sought to reopen the assessment and made reassessment only on the basis of change of opinion and on the basis of the circular issued by the State Government by which the Commissioner, Commercial Tax has directed to take into account the amount of royalty in calculating the entry tax without being any additional/fresh material brought on record. The circular o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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