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    <title>2006 (1) TMI 555 - KARNATAKA HIGH COURT</title>
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    <description>Penal and compounding provisions could not be used to bypass the statutory mechanism for reopening a concluded assessment. The assessment years in question had already been completed on the basis of the books produced before the regular assessing authority, so any alleged escapement of tax had to be addressed through reassessment rather than through a proposition notice and criminal prosecution. The notice was also defective because it sought compounding without a legally supportable quantified liability. The proposition notice, rejection order, and prosecution were therefore quashed as unsustainable and an abuse of power, while liberty was reserved to pursue lawful proceedings for any escaped tax liability.</description>
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    <pubDate>Thu, 19 Jan 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=162047</link>
      <description>Penal and compounding provisions could not be used to bypass the statutory mechanism for reopening a concluded assessment. The assessment years in question had already been completed on the basis of the books produced before the regular assessing authority, so any alleged escapement of tax had to be addressed through reassessment rather than through a proposition notice and criminal prosecution. The notice was also defective because it sought compounding without a legally supportable quantified liability. The proposition notice, rejection order, and prosecution were therefore quashed as unsustainable and an abuse of power, while liberty was reserved to pursue lawful proceedings for any escaped tax liability.</description>
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      <pubDate>Thu, 19 Jan 2006 00:00:00 +0530</pubDate>
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