2015 (10) TMI 222

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ollowing substantial questions of law:- (i) Whether in the facts and circumstances of the case, the Revisional Authority and Tribunal are justified in law in refusing to give effect to the decision of the High Court Annexure A-2? (ii) Whether in the facts and circumstances of the case, the action of the Revisional Authority in giving partial effect to the decision of the High Court Annexure A-2 is justified in law? (iii) Whether in the facts and circumstances of the case, the revision of A.Y. 2001-02 was permissible in law when consistently in the earlier years the goods manufactured were being treated by the department as General Goods and these orders were accepted by the department? (iv) Whether in the facts and circumstances of the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....On the objection raised by the audit, revisional proceedings under Section 40 of the Act were initiated with regard to the assessment year 2001-02 that the goods manufactured by the assessee should be taxed @ 12% being plastic goods. The assessee submitted reply to the said proceedings. The applications dated 26.7.2012 (Annexure A-3) were filed before the assessing authority to recalculate the rate of tax on plastic goods for the assessment years 1997-98 to 1999-2000. The revisional authority vide order dated 13.8.2012 (Annexure A-4) revised the order for the assessment year 2001-02 by applying the rate of tax @ 12% treating the goods as plastic goods. However, the revisional authority refused to revise the orders of the earlier assessment ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....atter of the present appeal. The relevant findings recorded by the Tribunal read thus:- "As revealed from the record, the assessment period for which the appellant is seeking recalculation of notional tax liability is of a earlier period i.e. 1997-98, 1998-99 & 1999-2000. It is not in dispute that the instant case pertains to the assessment year 2001-02 ending on 31.03.2002. The appellant has not disputed the facts that the goods i.e. plastic granules that were exigible to tax @ 12% in respect of relevant period i.e. 2001-2002 before the Revisional Authority. Rather he has accepted the matter regarding applicability of rate of tax on plastic granules. Even this point was never raised by the appellant earlier before the Revisional Authority....