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Deputy Commissioner of Commercial Taxes, Vellore Vs. Devandran and Co. - Court Judgment

LegalCrystal Citation
SubjectSales Tax
CourtChennai High Court
Decided On
Case NumberTax Case No. 795 of 1980 (Revision No. 453 of 1980)
Judge
Reported in[1981]47STC264(Mad)
ActsTamil Nadu General Sales Tax Act
AppellantDeputy Commissioner of Commercial Taxes, Vellore
RespondentDevandran and Co.
Advocates:P. Venkataraman for Additional Government Pleader
Excerpt:
- .....subsequently the assessing authority wanted to reopen the assessment by taking away part of the sales turnover from the turnover already assessed for finding out the corresponding purchase turnover of the raw hides and skins and subjecting it to a tax at 3 per cent, purporting to do the same under section 16 of the act. the tribunal held that section 16 will not apply to such a situation and therefore the assessing authority had no right to revise the assessment. it is the correctness of this conclusion of the tribunal that is challenged. 2. it is not disputed that the entire sales turnover of the tanned hides and skins had been assessed to tax at 1 1/2 per cent under item 7(b) as referred to already. section 16(1)(b) of the act on which alone reliance has been placed says : 'where,.....
Judgment:

Ismail, C.J.

1. The entire sales turnover of dressed hides and skins was assessed to tax at 1 1/2 per cent under item 7(b) of the Second Schedule to the Tamil Nadu General Sales Tax Act. Subsequently the assessing authority wanted to reopen the assessment by taking away part of the sales turnover from the turnover already assessed for finding out the corresponding purchase turnover of the raw hides and skins and subjecting it to a tax at 3 per cent, purporting to do the same under section 16 of the Act. The Tribunal held that section 16 will not apply to such a situation and therefore the assessing authority had no right to revise the assessment. It is the correctness of this conclusion of the Tribunal that is challenged.

2. It is not disputed that the entire sales turnover of the tanned hides and skins had been assessed to tax at 1 1/2 per cent under item 7(b) as referred to already. Section 16(1)(b) of the Act on which alone reliance has been placed says :

'Where, for any reason, the whole or any part of the turnover of business of a dealer has been assessed at a rate lower than the rate at which it is assessable, the assessing authority may, at any time within a period of five years from the expiry of the year to which the tax relates, reassess the tax due after making such enquiry as it may consider necessary and after giving the dealer a reasonable opportunity to show cause against such reassessment.'

3. In this case, as we pointed out already and as admitted, the entire sales turnover relating to the tanned hides and skins had been assessed at 1 1/2 per cent under item 7(b) and the sales turnover was assessable only under that item. only if the whole or any part of this turnover had escaped such assessment, the whole or any part of the turnover can he said to have been assessed at a rate lower than the rate at which the same was assessable so as to attract the provisions of section 16(1)(b). That not being the case, the order of the Tribunal cannot be said to be erroneous in law and consequently the tax revision case is dismissed.

4. Petition dismissed.


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