FUTURA CERAMICS PVT. LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The learned Additional Government Pleader Ms. Maithli Mehta waives rule for the respondents. We have heard learned advocates at considerable length. We may record facts in brief:

(2.) A notice came to be issued on March 9, 2012 by the said authority indicating that for the period from April 1, 2006 to March 31, 2007, he has reason to believe that taxable turnover of the petitioner-assessee has escaped assessment. The petitioner was required to attend the office on March 26, 2012. Along with such notice, accompanied communication dated March 12, 2012 conveyed to the petitioner as to why the assessment previously made was sought to be re-opened. In such reasons, it was stated that on the business premises of the petitioner, Excise Department carried out raid on January 17, 2008. Pursuant to such raid, show-cause notice was issued by the said Department indicating that for the financial year 2006-07, the petitioner had suppressed sales to the tune of Rs. 5,24,00,000 (rounded off) and thereby evaded excise duty to the extent of Rs. 73.55 lakhs (rounded off). The assessing officer, therefore, was of the opinion that the petitioner had not reflected in its books a total sales of Rs. 5.97 crores (rounded off). It was, therefore, decided to reopen the assessment.

(3.) The petitioner appeared before the State authorities and filed a written reply. The assessing officer however by his impugned order dated March 31, 2012 framed fresh assessment and concluded that the assessee had not reflected sales to the tune of Rs. 5.97 crores (rounded off) for the said financial year 2006-07.