- (1.) By means of this present writ petition, the petitioner is challenging the notice under Section 21 for the assessment year 1997-98.
(2.) During the year under consideration, the petitioner has imported high speed diesel for Rs. 20,99,004 and made the sales of such high speed diesel for Rs. 21,31,610 and claimed the exemption on the sale of such imported high speed diesel under the notification T. I. F.-2-3111/XI-9 (460)/94-U. P. Act-15-48-order-97, dated September, 30, 1997 on furnishing of the declaration as required under the notification. The assessing authority while passing the original assessment order under Rule 41(8) has considered the notification and the certificate filed by the petitioner, as required under the notification and accordingly granted the exemption on the sales of such imported high speed diesel. Notice under Section 21 has been issued with a view to levy tax on the sales of such imported high speed diesel.
(3.) The learned Counsel for the petitioner submitted that the notice under Section 21 has been issued only on account of change of opinion. He submitted that the requisite certificate as contemplated under the notification was filed before the assessing authority and the assessing authority after the examination of such certificate, has granted the exemption. There is no evidence on record to show that such certificate was wrong or false and, therefore, the initiation of proceeding is without any material that the exemption has been wrongly granted and merely on account of change of opinion.;