2007 (8) TMI 660

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....mpany has availed the benefit of exemption from tax to the extent of 75 per cent whereas the petitioner-company was eligible for exemption from tax to the extent of 60 per cent only. According to the learned counsel for the petitioner, the petitioner-company was granted exemption certificate by the competent authority which he has placed on record as annexure 2 in which it is clearly mentioned that the petitioner-company shall be eligible for exemption from tax liability to the extent of 75 per cent on total fixed capital investment. Therefore, once the certificate has been issued by the competent authority granting exemption, the taxing authority has no jurisdiction to take a different view than the relief granted under the exemption ce....

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....ility on total fixed capital investment of Rs. 2,23,35,734 was allowed and in pursuance thereof regular assessment was done by respondent No. 5 for the assessment year 2000-01 under the CST Act and the benefits of incentive were shown to the extent of 75 per cent as per the exemption certificate. Likewise, for assessment year 2001-02, the same benefit was extended. On October 30, 2004 the respondent No. 4, C.T.O., Anti-Evasion, Sriganganagar, issued show cause notice to the petitioner-company under section 30 of the Rajasthan Sales Tax Act, 1994 for reopening of the regular assessment. The petitioner-company immediately submitted a detailed reply explaining the entire position chronologically and submitted that District Level Screening C....

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....not permissible as the same could have been to the extent of 60 per cent only. In the reply filed by respondent Nos. 1, 3 and 4, the prayer of the petitioner is opposed and it is submitted that as per the provisions of section 30 of the Rajasthan Sales Tax Act, 1994, if an assessment in which for any reason the levy of tax or sum payable under the Act has escaped wholly or in part or wherein tax has been wholly or in part un-assessed or underassessed in any way or under any circumstances, it is deemed to be an escaped assessment and the assessing authority has jurisdiction to reopen the assessment on the basis of material on record and complete such assessment within the time-limit after making such enquiry as it may consider necessary. ....