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    <title>2018 (4) TMI 49 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>Audit objections on a point of law do not constitute &quot;information&quot; sufficient to reopen assessment under Section 15 of the Himachal Pradesh General Sales Tax Act, 1968 read with Rule 61. Reassessment cannot rest solely on an audit party&#039;s opinion or on a statutory provision that was already part of the law but was allegedly overlooked at the original stage; reopening requires fresh, legally relevant material and independent application of mind by the assessing authority. The HC therefore held that the reassessment based only on the audit objection was not sustainable and the reassessment and consequential appellate orders were set aside in favour of the assessee.</description>
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    <pubDate>Tue, 20 Mar 2018 00:00:00 +0530</pubDate>
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      <title>2018 (4) TMI 49 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=357938</link>
      <description>Audit objections on a point of law do not constitute &quot;information&quot; sufficient to reopen assessment under Section 15 of the Himachal Pradesh General Sales Tax Act, 1968 read with Rule 61. Reassessment cannot rest solely on an audit party&#039;s opinion or on a statutory provision that was already part of the law but was allegedly overlooked at the original stage; reopening requires fresh, legally relevant material and independent application of mind by the assessing authority. The HC therefore held that the reassessment based only on the audit objection was not sustainable and the reassessment and consequential appellate orders were set aside in favour of the assessee.</description>
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      <pubDate>Tue, 20 Mar 2018 00:00:00 +0530</pubDate>
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