<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2009 (10) TMI 860 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=164578</link>
    <description>Best judgment assessment of an unregistered dealer under section 38(7) of the Karnataka Value Added Tax Act, 2003 was held invalid because the assessing officer was not shown to have been specifically authorised by the Commissioner for that purpose. The record disclosed only audit assignment and internal notes, which did not satisfy the statutory requirement of specific authorisation. As statutory powers must be exercised strictly within the Act, the assessment order could not be sustained for want of jurisdiction, and the revisional order restoring it also failed once the foundational authorisation was absent.</description>
    <language>en-us</language>
    <pubDate>Tue, 27 Oct 2009 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 29 Oct 2014 16:12:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=354088" rel="self" type="application/rss+xml"/>
    <item>
      <title>2009 (10) TMI 860 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=164578</link>
      <description>Best judgment assessment of an unregistered dealer under section 38(7) of the Karnataka Value Added Tax Act, 2003 was held invalid because the assessing officer was not shown to have been specifically authorised by the Commissioner for that purpose. The record disclosed only audit assignment and internal notes, which did not satisfy the statutory requirement of specific authorisation. As statutory powers must be exercised strictly within the Act, the assessment order could not be sustained for want of jurisdiction, and the revisional order restoring it also failed once the foundational authorisation was absent.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Tue, 27 Oct 2009 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=164578</guid>
    </item>
  </channel>
</rss>