https://www.taxtmi.com/caselaws?id=376825 An assessment order is unsustainable where the assessing authority ignores the assessee's trading and profit and loss account, fails to consider a detailed reply to the pre-revision notice, and applies Rule 8(5) mechanically. Once such material is filed, the authority must examine its genuineness and deal with the objections on merits; failure to give reasons for rejecting the explanation violates natural justice. On the facts, there was no wilful suppression of sales or purchases, and reversal of input tax credit could not be sustained without proper consideration of the records and objections. The assessment was quashed and the matter remitted for fresh consideration with an opportunity of hearing. en-us Tue, 26 Feb 2019 00:00:00 +0530 Mon, 18 Mar 2019 07:12:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=376825 An assessment order is unsustainable where the assessing authority ignores the assessee's trading and profit and loss account, fails to consider a detailed reply to the pre-revision notice, and applies Rule 8(5) mechanically. Once such material is filed, the authority must examine its genuineness and deal with the objections on merits; failure to give reasons for rejecting the explanation violates natural justice. On the facts, there was no wilful suppression of sales or purchases, and reversal of input tax credit could not be sustained without proper consideration of the records and objections. The assessment was quashed and the matter remitted for fresh consideration with an opportunity of hearing. Case-Laws VAT and Sales Tax Tue, 26 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=376825