1982 (11) TMI 148

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....971-72 the petitionerassessee was assessed on a turnover of Rs. 8,00,317.35 at 5 per cent by the Commercial Tax Officer, V Circle, Hyderabad, by his order, dated 28th October, 1972. The said turnover relates to sales of stainless steel wheel discs and wheel caps effected by the assessee. The Deputy Commissioner, Hyderabad Division I, Hyderabad, in exercise of the powers vested in him under sect....

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....er expiry of a period of 4 years from 31st March, 1972, was barred by time, and that the conclusion reached by the Tribunal that the case of the petitioner would fall under section 14, sub-section (4-A)(a), is wrong. It may be noted that under section 14(4) of the Act, where the whole or any part of the turnover of business of a dealer has escaped assessment to tax, or has been under-assessed o....

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...." It is observed by the Sales Tax Appellate Tribunal that in the return form A-1, the articles sold by the petitioner-assessee were described as stainless steel articles and that there was a failure on the part of the assessee to disclose the particulars of the turnover correctly. It is not denied and in fact the Sales Tax Appellate Tribunal has also noted in its order that during the pendency ....

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....ssee did furnish correct particulars of the turnover before the assessing authority during the pendency of the proceedings of assessment. If so, the Deputy Commissioner could revise the assessment only within a period of four years from 31st March, 1972, as prescribed under sub-section 4-A(b) of section 14 of the Act. The order of the Deputy Commissioner revising the assessment having been pass....