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    <title>2013 (3) TMI 425 - ALLAHABAD HIGH COURT</title>
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    <description>A circular that merely states the correct legal position for tax adjustment does not unlawfully interfere with the quasi-judicial function of the assessing authority, and it remains valid where consistent with binding precedent. Reassessment was also upheld because Section 21 of the U.P. Trade Tax Act permits reopening where turnover has escaped assessment or a deduction has been wrongly allowed on the basis of reason to believe. An original assessment granting adjustment without meaningful application of mind was treated as a case of wrong allowance, not a barred review of a conscious decision. The reassessment permission and notice were therefore within jurisdiction.</description>
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    <pubDate>Wed, 06 Mar 2013 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=221659</link>
      <description>A circular that merely states the correct legal position for tax adjustment does not unlawfully interfere with the quasi-judicial function of the assessing authority, and it remains valid where consistent with binding precedent. Reassessment was also upheld because Section 21 of the U.P. Trade Tax Act permits reopening where turnover has escaped assessment or a deduction has been wrongly allowed on the basis of reason to believe. An original assessment granting adjustment without meaningful application of mind was treated as a case of wrong allowance, not a barred review of a conscious decision. The reassessment permission and notice were therefore within jurisdiction.</description>
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      <pubDate>Wed, 06 Mar 2013 00:00:00 +0530</pubDate>
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