CARRIER AIRCON LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed challenging the impugned re-assessment order and the demand notice dated 21-12-2002 and the recovery notice dated 10-2-2003.

(2.) LEARNED counsel for the petitioner has submitted that subsequent to a search under Section 77 of the Rajasthan Sales Tax Act, 1994 (herein after 'the 1994 Act') conducted at the Jaipur Branch of the petitioner company on 3-5-2002 a notice came to be issued to the petitioner company under Sections 28, 58 and 65 of the 1994 Act. He submits that following the notice, a fresh assessment order cum demand notice dated 21-12-2002 came to be passed and total tax liability of the petitioner company including towards tax allegedly short paid, interest and penalty was determined at Rs.3,09,11,191/-. It is submitted that as the assessment order cum demand notice dated 21-12-2002 purported to be for the assessment year 2000-01 in fact covered period both under Assessment Year 2000-01, and 2001-02, the petitioner company moved an application for rectification of the order dated 21-12-2002. It is submitted that consequently a rectified order dated 25-4-2004 came to be passed by the Assessment Officer, whereby out of the demand for Rs.3,09,11,191/- created for the year 2000-01, an amount of Rs.31,78,318/- was deleted from the financial year 2000-01 and was shifted to the financial year 2001-02.

(3.) HEARD learned counsel for the parties, and perused the material available on record of writ petition.