M/S BHIMA JEWELLERS vs. THE DEPUTY COMMISSIONER OF
WP/16525/2012HC Karnataka20 Jul 2012
Bench: The Hon’Ble Mr. Justice H.G.Ramesh W.P.Nos.16525-16544/2012 (T-Res) Between: M/S Bhima Jewellers Represented By Its Managing Partner Sri B.Krishnan Aged About 64 Years No.45/5, Dickenson Road Bangalore-560 042 … Petitioner [By Sri R.V.Prasad, Advocate For M/S Vasan Associates, Advocates) And: 1. The Deputy Commissioner Of Commercial Taxes (Audit-5.2) Dvo-5, Vtk-2, 5Th Floor Koramangala Bangalore-560 047 2. The Commissioner Of Commercial Taxes V.T.K.Builiding Kalidasa Road Gandhinagar Bangalore-560 009 … Respondents (By Sri T.K.Vedamurthy, Gp) These Wp’S Are Filed Under Articles 226 & 227 Of The Constitution Of India, Praying To Quash The Orders Of Re-Assessment Dated 8.5.2012 Passed Under Section 39(2) Of The Act & The Consequential Notices Of Demand, All Dated 8.5.2012 By Respondent-1 Pertaining To The Assessment Periods February 2009 & March 2009, April 2009 To March 2010 & April 2010
Section 39(2)Section 87
reassessment is based on
the unaccounted sales as per the admissions made by
one Shri B.Krishnan, who is one of the partners of the
petitioner-firm and not on the basis of any books of
accounts.
5.
In the light of the above submissions, the only
question that falls for my determination in these writ
petitions is as to Whether