SC1098 (12)
ACT:
Sales Tax-Assessment of turn-over escaping assessment
"Escaped Assessment --Meaning of-Assessment proceedings in
respect of a registered dealer-Commencement ... escaped assessment strongly
suggests that income which has already been
duly returned for assessment cannot be said to
have "escaped" assessment Within
escaped turnover-(1) Where, for any reason, the whole or any part of the turnover of business of a dealer has escaped assessment ... view of the Full Bench would be cases of escaped assessment and not escaped turnover should, after the judgments of the Supreme Court be viewed
escaped turnover. The use of the expression "determine to the best of its judgment the turnover which has escaped assessment and assess ... only to the turnover that had escaped assessment and were confined to the assessment of the escaped turnover only. The said orders did not deal
subject-matter is only the escaped turnover and no part of the turnover which was assessed in the original assessment forms part of the proceedings ... confined to "the turnover referred to", being a reference to the turnover which "has escaped assessment". The argument which was addressed
income escaping assessment does not arise, and a regular assessment is possible only if the proceedings for assessment are commenced within the assessment year ... that any turnover escapes assessment before the expiry of the assessment year. After the expiry of the assessment year, the turnover escapes assessment
important for our
present purpose. They deal with assessment
and assessment on turnover escaping
assessment. They, to the extent necessary for
our present purpose read ... time a return of
his turnover for a year and, therefore, there was no
assessment made, the turnover escaped assessment. It was
observed therein
November 21, 1956 when the States
were recognised if any turnover had escaped assessment and
provisions of sub- sections ... turnover not escaped assessment
or full assessment as the case may be:
699
Provided further that where in respect of such
turnover or deduction
certain amounts
which had escaped assessment under the original assessment
orders dated March 21, 1963 were included in the turnover
of the respondent ... merely assess him on the
escaped turnover but it assesses him on his
total estimated turnover. While making
assessment under section 119, if the assessing
Sales Tax Act and Rules, s. 21--Ex-Parte
assessment--Notice for assessment of escaped turnover--When
can be issued--'Reason to believe ... time within which
any assessment or re-assessment may be made
shall apply to an assessment or re-assessment
made in consequence
assessee to satisfy that no turnover has escaped assessment or that the escaped turnover is of a certain magnitude. If the assessee fails to discharge ... taxable turnover comprised in the escaped turnover of Rs. 31,171.28. The question is whether there is any justification for computing the escaped turnover
