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2005 DIGILAW 1900 (SC)

COMMERCIAL TAXES OFFICER, JODHPUR v. DERBY TEXTILES LTD.

2005-12-01

ASHOK BHAN, C.K.THAKKER

body2005
ORDER This appeal is directed against the judgment and order dated January 27, 2000 passed by the High Court of Rajasthan at Jodhpur in S.B. Sales Tax Revision No. 1051 of 1999 (Commercial Taxes Officer v. Derby Textiles Limited [2002] 126 STC 543) whereby the High Court has quashed the assessment on the ground that the assessing officer had exercised its jurisdiction for initiating the reassessment after the expiry of the limitation for exercising such power. The assessment for the period from January 1, 1988 to December 31, 1988 was finalised on October 7, 1991. On 15th March, 1995 notice was issued under section 12 of the Rajasthan Sales Tax Act, 1954. By the said notice the assessing authority sought to reopen the assessment on the ground that certain sales had escaped assessment. Vide Rajasthan Sales Tax Amendment Act, 1991 the period within which the assessing officer could exercise his jurisdiction to re-initiate the assessment proceedings in respect of any assessment year was restricted to five years from the last date of the relevant assessment year. Against the order of reassessment framed by the assessing authority, the respondent filed an appeal before the Deputy Commissioner (Appeals). The appeal was dismissed, against which the respondent preferred an appeal before the Rajasthan Tax Board, Ajmer. The Board allowed the second appeal and set aside the assessment order. Aggrieved against the order of the Board, the appellant approached the High Court in revision. None appears for the respondent-assessee. Heard the counsel for the appellant. The High Court came to the conclusion that the period of limitation for initiating assessment proceeding in respect of the assessment year 1988-1989 (whereas it should have been the assessment year 1989-1990) expired on March 31, 1994. The revision was dismissed against which the present appeal is before us. Counsel for the appellant relying upon a decision of this Court dated 20th April, 2001 in C.A. No. 2943 of 2001 - Commercial Taxes Officer v. Derby Textiles Ltd. ([2002] 126 STC 545) under the similar set of facts contends that the High Court has erred in concluding that the notices issued to the assessee were beyond the period of limitation. After perusing the aforesaid judgment, we concur with the submissions made by the counsel for the appellant wherein this Court observes thus : "It is evident that the High Court has erred in coming to the conclusion that the assessment year in question was 1988-89. The documents on record clearly show that the accounting year of the respondent was the calendar year, namely, January 1, 1988 to December 31, 1988. The 'previous year' has been defined in section 2(m) which reads as under : '"previous year" means the twelve months ending on the 31st day of March next preceding the assessment year, or, if the accounts of a dealer have been made up to a date within the said twelve months in respect of a year ending on any date other than the said 31st day of March, then, at the option of the dealer, the year ending on the date up to which his accounts have so been made up;' The assessment year in respect of the calendar year 1988, which was the accounting year of the respondent, can only be the year which commences on the 1st day of April after the end of the accounting year. This being so, the assessment year in respect of the calendar year 1988 could only be 1989-90 and, therefore, the notice for reassessment issued on March 15, 1995 was within the period of limitation." The present case is squarely covered by the aforesaid decision. Respectfully following the same, the impugned order of the High Court is set aside and the appeal accepted. Appeal allowed. No costs. Appeal allowed.