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    <title>2019 (1) TMI 764 - GUJARAT HIGH COURT</title>
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    <description>The Gujarat HC held that Section 34(8A) of the Gujarat VAT Act could not be used to reopen matters already covered by a completed audit assessment, as that provision is confined to separate assessment of specific transactions or claims noticed during pending proceedings and cannot serve as a substitute for reassessment after limitation has expired. It further held that notices under Section 35 were unsustainable where the original assessment had already applied a considered view on the applicable tax rate and no fresh material supported reopening. Reassessment based only on a change of opinion was impermissible, so the impugned notices were quashed.</description>
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    <pubDate>Thu, 26 Apr 2018 00:00:00 +0530</pubDate>
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      <title>2019 (1) TMI 764 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=373599</link>
      <description>The Gujarat HC held that Section 34(8A) of the Gujarat VAT Act could not be used to reopen matters already covered by a completed audit assessment, as that provision is confined to separate assessment of specific transactions or claims noticed during pending proceedings and cannot serve as a substitute for reassessment after limitation has expired. It further held that notices under Section 35 were unsustainable where the original assessment had already applied a considered view on the applicable tax rate and no fresh material supported reopening. Reassessment based only on a change of opinion was impermissible, so the impugned notices were quashed.</description>
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      <pubDate>Thu, 26 Apr 2018 00:00:00 +0530</pubDate>
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