EVERGREEN FRAGRANCES Vs. STATE OF KERALA

JUDGEMENT

(1.) WE are not satisfied that sufficient grounds have been made out for entertaining these tax revision cases.

(2.) THE first substantial objection is relating to the question of limitation. This has been considered by the Tribunal, in paragraph 6 of its order. Reliance was placed on section 19 to contend that the assessment was barred by limitation. THEre is no question of any escaped assessment, as the very first assessment was only to be concluded. THE Tribunal understood the contention, and rightly rejected it by observing : " THE assessment is an original assessment and hence the views expressed by the learned advocate of the appellant have no relevancy. It is therefore held that the assessment was not barred by limitation. " Counsel for the petitioner submitted that in many other statutes, there are express provisions regarding the fixation of time-limit for finalising the very first assessment. That only justifies the conclusion reached by the Tribunal.