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

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 ...