Recording of reasons mandatory for initiation of proceedings u/s 35(7) of JVAT

Mishri Lal Jain Vs State of Jharkhand (Jharkhand High Court) Jharkhand High Court held that it is mandatory to record reasons for initiation of proceedings under Section 35(7) of the Jharkhand Value Added Tax Act (JVAT Act). Non-recording of the same makes the proceedings untenable in law. Facts- The instant writ petition has been preferred against the order passed by the learned Commercial Taxes Tribunal, whereby the revision petition and review petition of the petitioner have been rejected and the determination of sale price of Iron Ore sold by the petitioner on the basis of average rate of ...