https://www.taxtmi.com/caselaws?id=258612 Audit assessment under Section 42 of the Orissa Value Added Tax Act, 2004 cannot be invoked for a tax period already covered by an escaped turnover assessment under Section 43 for the same period. The statutory scheme distinguishes audit reassessment under Section 42, based on the audit visit report and confined to that provision, from reopening under Section 43 read with Rule 50 where turnover has escaped assessment, been under-assessed, or taxed at a lower rate. Applying the principle that a statute must be followed as enacted and not expanded by implication, the Orissa HC held that the same period could not be subjected to both assessments and set aside the impugned order. en-us Wed, 18 Mar 2015 00:00:00 +0530 Sat, 24 Oct 2015 10:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=258612 Audit assessment under Section 42 of the Orissa Value Added Tax Act, 2004 cannot be invoked for a tax period already covered by an escaped turnover assessment under Section 43 for the same period. The statutory scheme distinguishes audit reassessment under Section 42, based on the audit visit report and confined to that provision, from reopening under Section 43 read with Rule 50 where turnover has escaped assessment, been under-assessed, or taxed at a lower rate. Applying the principle that a statute must be followed as enacted and not expanded by implication, the Orissa HC held that the same period could not be subjected to both assessments and set aside the impugned order. Case-Laws VAT and Sales Tax Wed, 18 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=258612