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    <title>1965 (7) TMI 49 - ALLAHABAD HIGH COURT</title>
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    <description>Rule 41(3) under the U.P. Sales Tax Act was valid as a machinery provision permitting provisional best judgment assessment for a quarter or month within the annual tax scheme, because it did not alter the nature of the charging provision. However, best judgment assessment proceedings remained quasi-judicial and were subject to natural justice. Where the assessing officer proposed to determine turnover under rule 41(3), the dealer had to be given a reasonable opportunity of being heard before the order was made; the absence of such hearing rendered the provisional assessments void, and a prior direction to deposit admitted tax did not cure the defect.</description>
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    <pubDate>Tue, 20 Jul 1965 00:00:00 +0530</pubDate>
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      <title>1965 (7) TMI 49 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=140077</link>
      <description>Rule 41(3) under the U.P. Sales Tax Act was valid as a machinery provision permitting provisional best judgment assessment for a quarter or month within the annual tax scheme, because it did not alter the nature of the charging provision. However, best judgment assessment proceedings remained quasi-judicial and were subject to natural justice. Where the assessing officer proposed to determine turnover under rule 41(3), the dealer had to be given a reasonable opportunity of being heard before the order was made; the absence of such hearing rendered the provisional assessments void, and a prior direction to deposit admitted tax did not cure the defect.</description>
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      <pubDate>Tue, 20 Jul 1965 00:00:00 +0530</pubDate>
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