- (1.) The main point mooted in the present writ petition is whether the order dated 29th February, 2012 passed by Additional Commissioner-I, Commercial Tax, Kanpur Zone-2, Kanpur authorizing the Assessing Officer to reopen the assessment of the petitioner under Section 21(2) of the U.P. Trade Tax Act, 1948 is valid or not? The back ground facts lie in a narrow compass and may be noticed in brief: The matter relates to the assessment year 2007-08. The petitioner is a Company registered under the Indian Companies Act, 1956, carries on the business of manufacture and sale of Lead Oxide and Red Lead. It is registered under the provisions of U.P. Trade Tax Act, 1948 (hereinafter referred to as "the Act'). The turnover of the petitioner was accepted under the provisions of the Act by the Assessing Officer vide order dated 4th February, 2010 whereby the accounts book were also accepted.
(2.) The assessment is being re-opened in exercise of power conferred under Section 21 of the Act on the basis that Trade Tax Department has received information from the Deputy Accountant General, U.P. informing that during search operation carried by the officers of Central Excise Department, on 27th July, 2007 at the business premises of the petitioner excess stock of finished goods worth Rs. 12.20 lakh was detected. It was not found recorded in the accounts book of the petitioner-Company. It was also not disclosed in the closing stock and as such there is escapement of tax of Rs. 61,000 at the hands of the petitioner.
(3.) The Assessing Officer of the petitioner under the U.P. Trade Tax Act sought permission from Additional Commissioner-I, Commercial Tax to re-open the assessment of the petitioner under Section 21(2) of the Act. After issuing a show-cause notice, the Additional Commissioner-I, Commercial Tax in exercise of power conferred on it under the proviso to Section 21(2) of the Act by the impugned order dated 29th February, 2012 has granted permission to the Assessing Officer to reopen the assessment of the petitioner by the impugned order.;