2010 (1) TMI 1205

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....9;ble Rajesh Kumar J. Heard Sri R.K.Mishra, learned counsel for the petitioner learned Standing Counsel for the department. By means of the present writ petition, the petitioner is challenging the Provisional Assessment orders dated 1.9.2009 for the Ist, IInd, IIIrd and IVth quarters for the assessment year 2008-09 on the ground that no provisional assessment order could be passed under Sect....

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....nd, IIIrd and IVth quarters for the assessment year 2008-09 on 1.9.2009 are illegal and without jurisdiction. Admittedly, the annual return was filed on 7.8.2009. Section 25(2) U.P. Value Added Tax Act, 2008 provides that " No provisional order of assessment, under sub-section (1), for any tax period of an assessment year, shall be made after the dealer has submitted annual return of turnover and ....