1971 (8) TMI 188

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....INDA BHAT, J.-The petitioner is a firm which is assessed to tax under the Mysore Sales Tax Act, 1957, hereinafter called the Act. For the period 1st July, 1963, to 30th June, 1964, an assessment order was made on the petitioner under section 12-A of the Act, by the Deputy Commissioner of Commercial Taxes, Bangalore City Division, on 25th March, 1966. The tax assessed on the escaped turnover was de....

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.... been inserted. The effect of the said amendment is that section 12-A as it now stands shall be deemed to have been in the Act at all times. Under section 12-A as it stood when the Deputy Commissioner made the order of assessment on 25th March, 1966, he was competent to make the order though he was not the assessing authority. But, under section 12-A as it now stands, the assessment of escaped tur....

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.... not press the grounds which he has raised in the affidavit filed in support of the writ petition and he has confined his arguments to the new ground which he has now raised. The learned High Court Government Pleader has not brought to our notice any provision of law which saves the assessment orders made under section 12-A before it was amended by Act 9 of 1970. In view of the fiction introduc....