Held - The Show Cause Notice was issued on the basis of audit of records maintained by the Appellant and therefore extended period cannot be invoked by alleging suppression since they are also submitting/filing the statutory returns on a regular basis. The Department was free to further investigate the matter and issue timely Show Cause Notice. In view of the same I find that the Appellants have a strong case on limitation and the Show Cause N.....

Held - I find that it is an admitted fact that records of the appellant were audited regularly as mentioned in the Audit Report of the Auditor General mentioned hereinabove by the ld. Counsel and also mentioned in para 3.1 of the grounds of appeal. In view of the fact, the audit had been regularly conducted by the Audit Authority, of the books of accounts of the appellant for the period in April, 2013, July, 2014 and also July, 2016, it is evi.....

Held – The Appellant have maintained regular books of accounts and records in the normal course of business. Further, they have been subjected statutory audit by the department time to time. On such facts and circumstances, I hold that extended period of limitation is not invokable. Accordingly, the appeal is allowed, the impugned order is set aside. Appellant is entitled for consequential benefits. Miscellaneous application also stands disp.....

Held - I find that the allegation in the show cause notice is not sufficient for invocation of extended period of limitation, as admittedly, the appellant has maintained regular books of accounts which are audited by auditor nominated by the AG of State. Further, the appellant is registered assessee and filed their returns regularly and deposited the taxes as admitted by them.

Accordingly, in the facts and circumstances of the case, I ho.....