2014 (7) TMI 969

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.... ORDER:- ALOK SHARMA J.-This revision petition challenges the order dated November 10, 2003, passed by the Rajasthan Tax Board, Ajmer, setting aside the order dated December 14, 2001, passed by the Deputy Commissioner (Appeals), Commercial Taxes, Kota, upholding the order of assessment dated June 22, 1998, whereunder the assessing authority under section 12 of the RST Act, 1954 (hereinafter "t....

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....w at the relevant time that the profit earned by the contractor was exempted from tax under law. However, following the judgment of the honourable Supreme Court in Gannon Dunkerley & Co. v. State of Rajasthan [1993] 88 STC 204 (SC), the learned assessing authority issued notices to the respondent-assessee on December 5, 1997 in both the cases under section 12 of the Act of 1954 for reopening the e....

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....he judgment of the honourable Supreme Court in the case of State of Kerala v. K.E. Nainan [1970] 26 STC 251 (SC), the Tax Board held that the profits of the contractor having been disclosed in the returns filed and the assessing authority having made an error of judgment in the first instance, reopening of the assessment orders passed on December 7, 1993 and June 29, 1994 for tax escaping assessme....