2016 (10) TMI 11

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....sistant Commissioner, Trade Tax, Ghaziabad vide order dated 15.07.2015 has been challenged on the ground that it is not a case of escaped assessment or under assessment etc., but there is a case of change of opinion on the part of Assessing Authority and, therefore, no reassessment is permissible under Section 29(7) of Act, 2008. 3. Petitioner-M/s Varun Beverages Limited established a new unit for manufacture and sale of beverages, pet bottles, mineral waters etc. and was granted Eligibility Certificate under Section 4-A of U.P. Trade Tax Act, 1948 (hereinafter referred to as "U.P. Act, 1948") for tax exemption for a period of ten years from 15.04.1999 to 14.04.1999 for Rs. 107,58,99,224/-. Subsequently, the Eligibility Certificate was mod....

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....sessment Year 2008-09 (Provincial and Central both) stating that in the assessment order dated 26.03.2012 after deducting amount of refund, balance amount of assessment was shown but while deducting amount of refund, balance amount of refund was carried forward though under Rule 70(9) U.P. Value Added Tax Rules, 2008 (hereinafter referred to as "Rules, 2008"), Assessing Officer should have deducted the tax deposited by Assessee as well as input tax credit benefit. In other words, he has said that for the purpose of deducting amount of refund, it should have been computed by adding tax deposited by Assessee and input tax credit which he has received but the same was not done, therefore, it has been allowed exemption wrongly and it is a case ....