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    <title>2016 (3) TMI 1032 - ORISSA HIGH COURT</title>
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    <description>Reassessment under section 12(8) of the Odisha Sales Tax Act was invalid where the assessing authority acted mainly on an audit report and did not form an independent satisfaction that turnover had escaped assessment. The authority was required to apply its own mind to relevant material, consider the dealer&#039;s explanation, and give a reasonable opportunity of hearing before reopening assessment. Because the order was based mechanically on audit objections and did not disclose independent inquiry, it was contrary to the statutory scheme and natural justice. The Tribunal&#039;s order was upheld, with liberty for fresh reassessment in accordance with law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=325848</link>
      <description>Reassessment under section 12(8) of the Odisha Sales Tax Act was invalid where the assessing authority acted mainly on an audit report and did not form an independent satisfaction that turnover had escaped assessment. The authority was required to apply its own mind to relevant material, consider the dealer&#039;s explanation, and give a reasonable opportunity of hearing before reopening assessment. Because the order was based mechanically on audit objections and did not disclose independent inquiry, it was contrary to the statutory scheme and natural justice. The Tribunal&#039;s order was upheld, with liberty for fresh reassessment in accordance with law.</description>
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