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    <title>1998 (5) TMI 388 - WEST BENGAL TAXATION TRIBUNAL</title>
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    <description>Section 11E of the Bengal Finance (Sales Tax) Act, 1941 was analysed as creating a valid classification between dealers whose returns were accepted as correct and complete and other dealers, because the distinction had an intelligible basis and a rational nexus with clearing assessment arrears and relieving honest dealers from delay; it was therefore not violative of article 14. The text further explains that a deemed assessment under section 11E(1) could be reopened under section 11E(2)(b) where declaration forms supporting concessional-rate claims were not collected, because the omission rendered the sales particulars in the return incorrect. Non-collection was not concealment of sales, but it justified reopening under the statutory scheme and rule 54A.</description>
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      <link>https://www.taxtmi.com/caselaws?id=159680</link>
      <description>Section 11E of the Bengal Finance (Sales Tax) Act, 1941 was analysed as creating a valid classification between dealers whose returns were accepted as correct and complete and other dealers, because the distinction had an intelligible basis and a rational nexus with clearing assessment arrears and relieving honest dealers from delay; it was therefore not violative of article 14. The text further explains that a deemed assessment under section 11E(1) could be reopened under section 11E(2)(b) where declaration forms supporting concessional-rate claims were not collected, because the omission rendered the sales particulars in the return incorrect. Non-collection was not concealment of sales, but it justified reopening under the statutory scheme and rule 54A.</description>
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      <pubDate>Fri, 08 May 1998 00:00:00 +0530</pubDate>
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