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2010 Supreme(SC) 262

D.K.JAIN, MUKUNDAKAM SHARMA, R.M.LODHA
Supreme Paper Mills Ltd. – Appellant
Versus
Asst. Commnr. Commercial Taxes Calcutta – Respondent


JUDGMENT

Dr. Mukundakam Sharma, J. —

1.The issue that falls for consideration in the present appeal is whether the show cause notice issued by the respondent is illegal and defective as the same did not provide for a time period of 15 days as prescribed in the statute and also because it did not disclose materials leading to the satisfaction of the concerned authorities justifying the issuance of such a show cause notice.

2.The appellant Company was carrying on the business of manufacturing various types of papers at its paper mill situated at Village Raninagar Chakdah, District Nadia, Kolkata. In the course of its carrying on business it filed necessary returns as required under the Bengal Finance (Sales Tax) Act, 1941 (for short the “1941 Act”) and also paid the taxes on the basis of the said return. The Revenue also completed the assessment proceeding which was deemed to have been made under Section 11 E (1) of the 1941 Act by operation of law. Subsequently, however, the appellant received a show cause notice from the Deputy Commissioner, Commercial Taxes, Corporate Division whereby the appellant was directed to show cause why deemed assessment case for the period mentioned in the


























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