9911796707
TMI Blog2024 (5) TMI 1326X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 to 4. 2. The challenge made in the writ petition is the impugned Order of Reassessment dated 29.03.2018 passed by the Superintendent of Taxes for the assessment year 2010-2011 and the Notice of Demand issued in pursuant thereof as well as the Recovery Notices dated 06.08.2018 and 28.09.2018, issued by the Certificate Officer (Taxation) of Guwahati Recovery. 3. The facts of the case are that on 12.07.2017, the assessing authority issued notice to the petitioner under Section 35 of the Assam Value Added Tax Act, 2003 (hereinafter referred to as the Act of 2003) stating that the petitioner's turnover escaped assessment for the year 2010-2011 and accordingly, proposes to assess the petitioner's turnover for the period 2010-2011 to the best ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 58 of 2018. 9. Heard the submissions made at the bar and I have perused the materials available on record. 10. It appears that as per Rule 17 (5) (a), annual return in Form-14 is required to be submitted within two months after the close of the year to which return relates. However, as per Section 17 (5) (b) in case of a dealer who is liable to produce a certificate of Audit of Accounts by a Chartered Accountant under Section 62, the annual return is to be submitted within 7 months from the end of the month to which the return relates. 11. In the present case, the petitioner is liable to produce the Certificate of Audit by the Chartered Accountant and therefore, the annual return for the assessment year 2010-2011 is to be submitted befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt provides that whenever a dealer is assessed under the said provision, three preconditions are to be fulfilled; i. Firstly, a dealer must have been assessed under section 34,35, 36 or 37 of the Act for any year or part thereof. ii. Secondly, the assessing authority must have reason to believe that the whole or any part of the turnover of the dealer in respect of any period has escaped assessment or has been under assessed or has been assessed at a rate lower than the rate at which it is accessible or has been wrongly allowed and deduction therefrom or has been wrongly allowed credit therein. iii. Thirdly, if the prescribed authority has such reasons to believe then the prescribed authority has to give reasonable opportunity of be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
