2017 (2) TMI 1207

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....EMENT This writ petition has been filed to challenge the sanction order dated 16.4.2016 passed by the Additional Commissioner, Commercial Tax Gautam Budh Nagar Zone, NOIDA to initiate re-assessment proceedings in the case of the petitioner for the assessment year 2010-11 (U.P. and Central) and the consequential re-assessment proceedings initiated by the petitioner's Assessing Authority for ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....titioner and Sri C.B.Tripathi, learned special counsel appearing on behalf of the respondents. A bare perusal of the original assessment order annexed to the writ petition reveals that the assessing authority had examined the issue of job work done by the petitioner in course of which varnish of value of Rs. 1,38,84,266/- was treated to have been sold by the petitioner assessee in course of int....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sessment year 2010-11 as well. While this Court has consistently held that the simple change of opinion cannot be a ground to initiate re-assessment proceeding, in a recent decision of the Supreme Court in the case of State of U.P. and others Vs. M/s Aryaverth Chawl Udyoug and others (2016) 91 VST 1 (SC) the Supreme Court in paragraph 31 has, in a case arising under a pari-materia provision of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ome on record that may lead to formation of a reason to believe otherwise and there is no new or other law in favour of the revenue, we have no doubt the petitioner's assessing authority has initiated reassessment proceedings against the petitioner for A.Y. 2010-11 (UP & Central) on a mere change of opinion in the self same facts and evidence as existed at the time of original assessment. Thus....