LAWS(SC)-2001-4-111

COMMERCIAL TAXES OFFICER Vs. DERBY TEXTILES LTD

Decided On April 20, 2001
COMMERCIAL TAXES OFFICER Appellant
V/S
DERBY TEXTILES LTD Respondents

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard the learned counsel for the parties.

(3.) Notice in this case had been issued under Section 12 of the Rajasthan Sales Tax Act, 1954 seeking to reassess the tax in respect of the accounting year January 1, 1988 to December 31, 1988. The notice was issued on March 15, 1995. After the reassessment order was made, the respondent filed an appeal before the Deputy Commissioner (Appeals), but without success. Thereupon, on a second appeal being filed by the respondent, the same was allowed by the Rajasthan Tax Board. The matter was then taken to the High Court by the appellant by way of revision which was dismissed by the High Court by holding that the assessment year in question was 1988-89 and the limitation for reopening had expired on March 31, 1994. Hence, the reassessment made was quashed.