MOHAN STEEL LIMITED Vs. COMMISSIONER, TRADE TAX

JUDGEMENT

(1.) HEARD Sri Bharat Ji Agrawal, Senior Advocate assisted by Sri Section M.K. Chaudhary for the petitioner and Sri Rakesh Bajpai, the learned Additional Chief Standing Counsel for the respondents.

(2.) THE petitioners have approached this Court against the order dated February 20, 1997 passed by the Additional Commissioner, Trade Tax, U.P., Lucknow, under Section 21(2), proviso of the U.P. Trade Tax Act, 1948 (hereinafter referred to as, 'the Act').

(3.) LEARNED Counsel for the petitioners submits that in view of Section 21(2) of the Act as it was applicable at the relevant time, the period of limitation of four years for the assessment year 1989 -90 expired on March 31, 1994 and the impugned order passed by the Additional Commissioner is against the principles of natural justice as no opportunity or show cause notice was issued before according permission for reassessment of the case. He further submits that although under the Act, there is no provision for notice to the assessee by the Commissioner, Trade Tax, but the principle of natural justice requires issue of a show cause notice to the petitioner before granting the permission for reassessment after expiry of the period of four years as a valuable right had accrued to the petitioners after four years from the end of the assessment year.