https://www.taxtmi.com/caselaws?id=432500 Reassessment under Section 43 of the Orissa Value Added Tax Act, 2004 is unsustainable when the assessing authority acts only on an audit objection without first forming an independent, objective opinion on escapement of turnover. The jurisdictional defect goes to the root of the reopening, so a remand for fresh hearing cannot cure the absence of that essential precondition. On that basis, the reassessment order and related orders were set aside, and the question of law was answered against the Department and in favour of the assessee. en-us Wed, 04 Jan 2023 00:00:00 +0530 Sat, 07 Jan 2023 08:47:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=432500 Reassessment under Section 43 of the Orissa Value Added Tax Act, 2004 is unsustainable when the assessing authority acts only on an audit objection without first forming an independent, objective opinion on escapement of turnover. The jurisdictional defect goes to the root of the reopening, so a remand for fresh hearing cannot cure the absence of that essential precondition. On that basis, the reassessment order and related orders were set aside, and the question of law was answered against the Department and in favour of the assessee. Case-Laws VAT and Sales Tax Wed, 04 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=432500