- (1.) We have read the judgment of a division bench of the Madras High court under appeal, now reported in Deputy Commr. of Commercial Taxes v. Devendran and Co. We have heard learned counsel. We are satisfied that no interference is called for. Section l6 (l) (b) applies only if assessment has been made at a rate lower than the assessable rate. In the instant case, the assessment is not at a rate lower than that at which the turnover ought to have been assessed; it is really a case of seeking to reassess under a different head.
(2.) In the result, the Civils and the special leave petitions are dismissed with no order as to costs.;