2003 (2) TMI 458 - HC - VAT and Sales Tax

Validity of Reassessment Notices Upheld under Sales Tax Act

Radhelal Basant Kumar Versus Assistant Commissioner of Commercial Tax and another

The court upheld the legality of reassessment notices issued under section 19(1) of the M.P. General Sales Tax Act, 1958 for the period 1994-95. It ... - Issues:1. Legality of reassessment notice under section 19(1) of the M.P. General Sales Tax Act, 1958 for the period 1994-95.Analysis:The petitioner challenged the legality of a reassessment notice issued under section 19(1) of the M.P. General Sales Tax Act, 1958 for the period 1994-95. The court deliberated on whether the reassessment notice was legal. The assessment for the relevant year was initially completed on June 30, 1998, and later, after remand by the Appellate court, it was finalized on June 27, 2001. The reason for reopening the assessment was the discovery that documents submitted by the petitioner, such as builty and invoices, were found to be forged and bogus. The court emphasized that the assessing authority was justified in reopening the assessment when the basis of the original assessment was fraudulent.The court rejected the argument that once an inquiry was conducted during the assessment proceedings, there was no basis for reopening the case. It highlighted that if documents relied upon during the original assessment were later found to be fake, the assessing officer had the right to recall the orders and conduct a fresh inquiry. The court emphasized the importance of genuine and proper documents in assessment proceedings, stating that fraud undermines the integrity of the process. The assessing officer provided detailed information on the inquiry conducted regarding the forged documents, satisfying the statutory requirements for reassessment.Regarding the submission that no notice under the repealed Act could be issued, the court deemed it a technical argument without substance. It emphasized that the assessing officer had the power to reopen the assessment based on the grounds presented. The court stressed that the substance of the case was crucial, rather than technicalities, for the larger interest of the parties involved. The court also distinguished the cited cases from the current scenario, emphasizing the unique factual circumstances of the case.The court dismissed the argument that the assessing officer had no right to issue the notice after the order was merged in the appellate court. It clarified that the appellate court had set aside the assessment and remanded the case, leading to a fresh assessment order. Therefore, the question of merger did not arise. Ultimately, the court held that the reassessment notices were legally issued, based on substantial evidence, and directed the assessing officer to proceed with reassessment promptly, ensuring compliance with legal provisions and granting the petitioner adequate opportunity. The court dismissed the petition, upholding the legality of the reassessment notices.