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Goods and Services Tax

HC upheld reopening of computation of surcharge for earlier periods based on binding judgment

Case Law Details

Case Name
Sky Automobiles Vs Deputy Commissioner of Commercial Tax (Orissa High Court)
Date of Judgement/Order
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Sky Automobiles Vs Deputy Commissioner of Commercial Tax (Orissa High Court) Conclusion: AO was justified to reopen the computation of surcharge for the periods 2000-01, 2001-02 and 2002-03 as re-computing the tax payable to give effect to the judgment of the Supreme Court, which the authorities were bound to do, could not be termed illegal.  Held:  Assessee, a registered dealer under the OST Act, was assessed by the Sales Tax Officer (STO) under Section 12(4) of the OST Act to Rs.4,98,533/-. In computing the surcharge under Section 5-A of the OST Act, the amount of entry tax payable under ...
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