TaxTMI 
TaxTMI 
1978 (3) TMI 196
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....ether it is legally wrong to take up a case under section 19(1) if it could be taken up under section 39(2) as otherwise even though the three years' period may have elapsed from the date of the order sought to be revised, the limitation under section 39(2) can be circumvented by the case being taken up under section 19(1)? (2) Whether an assessing authority is debarred from reopening an assessment under section 19(1) on the ground of alleged defects in C forms since the assessing authority must be presumed to have scrutinised the C forms and found them in order at the time of original assessment and the assessing authority cannot reopen a case by a change in its view subsequent to the original assessment? 2.. The material facts givin....
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....or any reason any sale or purchase of goods chargeable to tax under this Act or any Act repealed by section 52 during any period has been underassessed or has escaped assessment or assessed at a lower rate or any deduction has been wrongly made therefrom, the Commissioner may, at any time within five calendar years from the date of order of assessment after giving the dealer a reasonable opportunity of being heard and after making such enquiry as he considers necessary, proceed, in such manner as may be prescribed, to reassess the tax payable by such dealer and the Commissioner may direct that the dealer shall pay, by way of penalty in addition to the amount of tax so assessed, a sum not exceeding that amount.............." From a perusa....
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....ct to reassess the assessee, is not subject to the provisions of section 39 of the Act. When the legislature has provided distinct periods of limitation for exercising powers under section 19 and section 39 of the Act, it would not be permissible, in our opinion, to hold that the powers under section 19(1) of the Act could not be exercised after the expiry of the period of limitation prescribed for exercising powers under section 39 of the Act. The construction placed upon section 19(1) of the Act by the Tribunal would amount to not giving effect to the plain language of section 19(1) of the Act on the ground that it would result in circumventing the provisions of section 39 of the Act. We may usefully refer to the following passage in "Pri....
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.... 4.. Learned counsel for the assessee referred to the decisions reported in Chikanarasimhiah v. Assistant Commissioner of Commercial Taxes[1971] 28 S.T.C. 98. , State of Andhra Pradesh v. Polireddi Satyanarayana[1972] 29 S.T.C. 512. and Nagaraja Overseas Traders v. State of Mysore[1974] 33 S.T.C. 315. These decisions, however, do not deal with the question that is for consideration before us. As the powers exercisable by an assessing authority under section 19(1) of the Act are independent of the powers which could be exercised by the Commissioner under section 39 of the Act, it would not be legally wrong, in our opinion, for an assessing authority to exercise powers under section 19(1) of the Act, even though the period of limitation presc....