2014 (4) TMI 1187

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....e For the Respondents/State : Raghvendra Dixit, Govt. Advocate ORDER Heard. The petitioner in W.P.No.6061/2012 has challenged the show cause notice dt.9.12.2011 (Annexure P/1) and also initiation of re-assessment proceedings against the petitioner under Section 21 of Madhya Pradesh VAT Act, 2002 (hereinafter referred to 'Act of 2002'). The petitioner is a company incorporate....

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....he petitioner i.e. leaf springs be not treated as parts of motor vehicle in place of iron and steel and be taxed @ 12.5 % in place of 4 %. The contention of the petitioner is that the reassessment proceedings could not be initiated against the petitioner because earlier the petitioner was assessed and a tax @ 4% was imposed against the petitioner and it was accepted, hence, on the basis of chan....

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....rrectly been allowed while making the assessment, (e) is rendered erroneous and prejudicial to the interest of revenue consequent to or in the light of any judgment or order of any Court or Appellate Board, which has become final." In accordance with Section 21 (1) (a) of the Act of 2002, re-assessment could be initiated if the assessee has been under assessed or has escaped assesssmen....

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.... notice is within the jurisdiction of the authority and prima facie, in our opinion, in accordance with Section 21 (1) (a) of the Act of 2002, the authority has a power to initiate re-assessment proceedings, if an assessee is under assessed. After perusal of the show cause notice, it appears that the authority initiated the proceedings of re-assessment because the petitioner was under assessed. Co....