J.C. INDUSTRIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE correctness of the order passed by the Karnataka Appellate Tribunal dated September 19, 2006, in STA No. 1421 of 2004 rejecting the appeal in relation to the reassessment order passed under Section 12A of the Karnataka Sales Tax Act of 1957 (hereinafter in short called as, "the Act") for the year 1996 -97 is questioned in this revision urging various grounds.

(2.) IN this order, we will not advert to the facts as the same are referred to in the order passed by the Tribunal which is impugned in this revision petition.

(3.) UNDER Rule 8B of the Rules, not permitting the petitioner to withdraw the application does not amount to grant of deemed permission for payment of composite tax under the above provision of the Act. Therefore, the learned Counsel submits that the assessing authority committed an error in law in bringing the alleged suppression of total turnover amount of Rs. 1,13,71,257 and the advance tax under Section 12A of the Act. The reassessment order passed under Section 17(6) of the Act for payment of composite tax at four per cent read with Section 12A of the Act is contrary to the law. Therefore, the order passed by the assessing officer, which is affirmed by the first and second appellate authorities is not only erroneous but also suffers from error in law and the same is liable to be set aside.