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Home Highlights February 2024 Year 2024 This

Jurisdiction - powers of AO to re-assess the escape turnover - ...


Tax Revision Orders Quashed for Jurisdiction Overreach and Misapplication of Central Sales Tax Act Provisions.

February 28, 2024

Case Laws     VAT and Sales Tax     HC

Jurisdiction - powers of AO to re-assess the escape turnover - Power of suo moto revision. - The High court found that the respondent No. 3 (Additional Commissioner of Taxes) exceeded his jurisdiction by revising the assessment orders without conclusively determining that the original orders were erroneous and prejudicial to the interests of revenue based on existing records. - The court also noted the anomaly where the revision under Section 20 of the Nagaland Act also covered aspects under the Central Sales Tax Act, 1956, which was beyond the jurisdiction of the respondent No. 3 under the said Section. - Revision orders quashed.

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