1987 (7) TMI 557

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.... and ordered a remit. He directed the officer to re-examine the liability to tax on the closing stock of cashew and pepper in the light of the decision of the Supreme Court in State of Madras v. T. Narayanaswami Naidu [1968] 21 STC 1. The assessee filed a second appeal before the Appellate Tribunal. It was contended that the assessment is barred by limitation. The Appellate Tribunal negatived this plea. Thereafter the assessing authority, in pursuance of the directions of the Appellate Assistant Commissioner, re-examined the liability on closing stock and finalised the fresh assessment on a taxable turnover of Rs. 26,92,382.04. An appeal was filed before the Appellate Assistant Commissioner, who, by his order dated 25th May, 1981, dismissed....

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....ed by the Appellate Tribunal. Thereafter the assessee did not pursue the matter. So the finding of the Appellate Tribunal, that the original assessment is not barred, became conclusive. Even on the merits, we find that there is no force in this plea. The General Sales Tax Act, 1125 was repealed on 31st March, 1963. Thereafter, in view of section 61(1) of the Kerala General Sales Tax Act, the proceedings had to be pursued under the new Act and the assessment was made only on 16th December, 1967 (sic). It is stated that the assessee filed monthly returns for the entire year. It is trite law that the proceedings for assessment start either by the filing of a return by the assessee or by the issue of a notice by the assessing authority. It is f....