Assessment remand for non-consideration of objections and revised return, with fresh hearing ordered before reassessment.

Assessment made on scrutiny of annual returns was set aside because the petitioner's objection and revised return were not considered before completing the order. The HC remitted the matter for fresh assessment after taking those submissions into account and affording an opportunity of hearing, while requiring partial tax deposit as a condition for remand. The relief was therefore confined to reconsideration of the assessment on the existing materials and did not decide the merits of the suppressed turnover, tax, or penalty findings.

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Issues: Whether the assessment order deserved to be set aside and the matter remitted for fresh consideration after taking into account the petitioner's objection and revised return.

Analysis: The assessment had been completed on the basis of scrutiny of annual returns and resulted in determination of suppressed turnover, tax, and penalty. The petitioner contended that the objection and revised return filed before the assessment order were not considered. In the circumstances, the Court found it appropriate to interfere with the assessment only to the extent necessary to ensure reconsideration of the objections and revised return, while also directing deposit of a portion of the tax amount as a condition for remand.

Conclusion: The assessment order was set aside and the matter was remitted to the respondent for fresh assessment after considering the objection and revised return and after affording an opportunity of hearing. The relief was therefore in favour of the assessee only to that limited extent.

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