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Assessing officercan re-open the case if concealment has been made

Raj Kumar Makkad ,
  06 May 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Reassessment proceedings - Alleged violation of the statutory provisions of Section 35 of the Bombay Sales Tax Act, 1959 on the ground of Concealment of sales, Inter-State movement of goods and Bogus C-forms - Whether notice for reopening of assessment proceedings justified and based on material giving rise to belief of alleged violation?
Citation :
Shree Venkateshwara Petro Chemicals Pvt. Ltd. and Anr. v. The Assistant Commissioner of Sales Tax and Ors. (Decided on 15.04.2010) MANU/MH/0334/2010

Held, even one potent ground supported by prima facie material is sufficient to conclude prima facie suppression of correct information or disclosure of wrong information by the Assessee Under Section 35 of the BST Act, 1959 the Assessing Authority has power to reopen the assessment within eight years as has been rightly done in the present case.

 

 
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Published in Taxation
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