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Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
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.
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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