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Judgment
This matter is taken up by video conferencing mode.
Admit.
The following question of law is framed:
Whether exercise of power under Section 43 of the OVAT Act without resorting to the statutory provision of Sections 39, 40, 42 and 44 in terms of Rule 50 of the
OVAT Rules, 2005 is justified?
It is not in dispute that the impugned re-assessment order has been passed without there being an initial assessment order in terms of Sections 39,
40, 42 and 44 of the OVAT Act read with Rule 50 of the OVAT Rules, 2005. By virtue of the judgment of this Court dated 1st December 2021 in
STREV No.64 of 2016 (M/s. Keshab Automobiles v. State of Odisha), the impugned order is unsustainable in law and the same is accordingly set
aside. The question is therefore answered in the negative i.e. in favour of the Assessee and against the Department. The revision petition is
accordingly allowed and the impugned re-assessment order is hereby set aside.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court’s Office Order circulated
vide Memo Nos. No.514 and 515 dated 7th January, 2022.
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