JUDGMENT

B. N. Mahapatra, J. - In this tax revision petition, the petitioner has raised several questions of law, but at the time of hearing, the same are confined to the following three modified questions :

(i) Whether, in the facts and circumstances of the case, the reopening of the assessment under section 12(8) of the Orissa Sales Tax Act, 1947 is justified as no reason has been indicated in the notice issued under the said section and that the reassessment proceeding has not been initiated on change of opinion of the Sales Tax Officer ?

(ii) Whether, in the facts and circumstances of the case, the Sales Tax Tribunal, Orissa, is correct in holding that the subsequent sale effected by the petitioner to the Orissa Power Generation Corporation and the National Thermal Power Corporation is not in course of inter-State sale but intra-State sale and does not qualify for exemption as contemplated in section 6(2) of the Central Sales Tax Act, 1956 ?

(iii) Whether, in the facts and circumstances of the case, the assessing officer is not justified to impose penalty under section 12(8) of the Orissa Sales Tax Act ?

The background in which this tax revision case has been filed is as follow