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2017-VIL-322-KAR

VAT High Court Cases

Karnataka Value Added Tax Act, 2003 - Whether after passing of regular assessment order under Section 38 of the Act and tax liability having been paid with compounding fee, whether on the basis of same material, without any other further evidence against the assessee, the assessing authority can undertake the reassessment proceedings under Section 39 of the Act for the same period - repetitive assessment for the same period under the two provisions of the Act – HELD - It is true that on the basis of the information and evidence gathered in the course of survey under Section 52 of the Act, the assessing authority has option to proceed under Section 39 of the Act, but it cannot do so once the regular assessment under Section 38 of the Act on the basis of the same evidence and material collected by him during the course of such survey is already made by it - The Revenue has failed to point out any other material on record on the basis of which the assessing authority could be said to have any reason to reject the books of accounts maintained in the ordinary course of business and pass reassessment order on the basis of best judgment - In the absence of any further or fresh incriminating material found by the assessee, the repetitive assessment under the two provisions of the Act one under Section 38 of the Act and another reassessment under Section 39 of the Act cannot be permitted - the very initiation of the reassessment proceedings without any further incriminating material was illegal - impugned orders passed by all the three authorities below under Section 39 of the Act for the assessment period in question are set aside - Revision Petition filed by the assessee is allowed

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