MODI INDUSTRIES LIMITED Vs. COMMISSIONER OF SALES TAX

JUDGEMENT

(1.) Petitioner No. 1 is a public limited company carrying business of manufacturing vegetable oil, iron and steel, torch, soap, sugar paints, etc., in its various units.

(2.) For the assessment year 1967-68 by an order dated 29th March, 1972, tax was assessed at Rs. 37,94,875.76. Since a sum of Rs. 35,67,256.43 had deposited by the assessee, a demand for the balance amount was issued b Sales Tax Officer. The petitioner made an application under Section 22 Sales Tax Act pointing out certain apparent mistakes in the assessment inasmuch as credit for the entire amount deposited by the petitioner w; given in the assessment order. By an order dated 20th July, 1972, the or assessment order was rectified and the demand was reduced to Rs. 24,959.24

(3.) Thereafter, a notice under Section 21 of the Act was issued by the Sale Officer and by an order dated 29th March, 1974, an additional demai Rs. 10,000 was created. Against the original assessment order as w against the order passed under Section 21 of the Act the petitioner filed a which were allowed by the Assistant Commissioner (Judicial), Sales Tax the case was remanded for fresh assessment. A fresh order of assessmer passed on 13th December, 1977, determining the final tax liabili Rs. 19,726.86.