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september 1972

Supreme Court of India · 1972-09-18

SALES TAX OFFICER, GANJAM & ANR. vs M/S. UTTARESWARI RICE MILLS

Citation / case number
SC 1969/60035
Court
Supreme Court of India
Petitioner
SALES TAX OFFICER, GANJAM & ANR.
Respondent
M/S. UTTARESWARI RICE MILLS
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that under Section 12(8) of the Orissa Sales Tax Act, 1947, a notice for reassessment of escaped turnover must indicate that the sales tax authority has reason to believe that the turnover has escaped assessment. The Court clarified that while the statute does not explicitly require reasons to be stated in the notice, the authority must possess a basis for such belief. The High Court's quashing of the notice was overturned, establishing that the absence of stated reasons does not invalidate the notice if the authority has sufficient grounds for reassessment.

SALES TAX OFFICER, GANJAM & ANR. vs M/S. UTTARESWARI RICE MILLS · Niyam