Law: Sales Tax Act, 1990

Section: 24,25

[SALES TAX ACT, 1990 (VII OF 1990)].......Sections 24 & 25 The question about maintaining of the record for five years, suffice it to say that it shall be a relevant factor during the course of audit.--It is stated that as per the provisions of Section 24 of the Sales Tax Act, 1990, the petitioner company would only require to keep its record intact till five years and now such record shall not be available for the purposes of audit. As regards the question about the maintaining of the record for five years, suffice it to say that it shall be a relevant factor during the course of audit and on this account also the impugned of Lahore High Court as also the order of the Collector cannot be interfered with. Section 25....Re-audit can be ordered where the foundation of the re-audit is based upon the fraud.--Where the foundation of the re- audit is based upon fraud undoubtedly re-audit can be ordered. In this case the order of the Collector, postulates the element of fraud and it is settled law that fraud vitiates most solemn proceeding and any order procured through fraud cannot be protected, thus the case covered by and was within the exception to the general rule; the afore-cited dicta are distinguishable on their own facts. Fraud vitiates most solemn proceedings and any order cured through fraud cannot be protected. There is no bar or strict rule that second audit cannot ordered. ORDER MIAN SAQIB NISAR. J.--(1). After the sale tax audit of the petitioner having concluded and his liability settled, the Collector, Sales Tax and Central Excise vide order dated 25-02-2003 directed for re-audit; the contents whereof reads as below:-- "Audit of M/s Sheikh Spinning Mills Ltd, Aiwan-e-Science Building Shahra-e-Jalal-ud-din Roomi Road, Lahore. Registration No. 03-05-5202-103-91 was conducted for the period 01.10.1997 to 30.6.2002. Soon after completion of audit a secret information was received that the registered person has evaded sales tax. Para 10 of the audit report also indicates that the registered person has been dealing with suspicious units. On the basis of these special circumstances I am satisfied that- second audit of the registered person for the period…

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