GIRDHARLAL AND COMPANY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The question which arises for consideration in this tax revision case, is the scope of the power of the assessing authority to revise the assessment under section 14(4) of the A.P. General Sales Tax Act, 1957, for short ("the Act"). It will be useful to read that provision here :

(2.) A plain reading of the provision extracted above shows that where any part of, the turnover of business of a dealer has escaped assessment to tax or has been under-assessed or assessed at a rate lower than the correct rate, the assessing authority is empowered to determine (1) the turnover that has escaped assessment; (2) assess the correct amount of tax; (3) assess the correct rate on the turnover; (4) assess the correct amount of tax payable in a case where any deduction or exemption has been wrongly allowed; (5) levy the licence fee; (6) levy the registration fee; (7) levy the correct amount of licence fee or registration fee, etc. Before this power could be exercised, the authority has to issue notice to the dealer and make such enquiry as he may consider necessary, after setting out the grounds for invoking power under section 14(4) and the action proposed to be taken. While exercising power under the above provision, two aspects should be kept in mind, viz., (1) that the dealer should not be allowed to evade payment of tax, legitimately due by him; and (2) there should be no harassment of a dealer by exercising this power.

(3.) To ensure that the dealer does not evade tax, the Act has incorporated provision like the revisional power under section 20, which may be exercised by the authorities mentioned therein who are superior in rank to the assessing authority, on the basis of material on record; to satisfy the principle that the assessee is not harassed over and over again in respect of the assessment which has become final, the exercise of power by the assessing authority under sub-section (4) of section 14 has to be confined to cases where there is material de hors the record, that is, fresh material before the assessing authority which justifies the exercise. Amendment of law with retrospective effect or the judgment of the Supreme Court or the High Court is treated as sufficient material to exercise that power.