Dear Sir,

the appellant has already been assessed earlier u/s 42(4) of the OVAT Act raising Nil Demand.

However raising  One A.G Objection Report on non -levy of  purchase tax on stock transfer/consignment sale of DEPB. The appellant in the course of their export business received 14 DEPB from DGFT. cuttack and has effected consignment sale of entire DEPB valued Rs. 61,38,080/- and Rs.. 98,22, 118/- during the period from 2005-2006 to 2006 07 ti M/s. Expotechno India (P)Ltd., Kothari , Rajasthan and M/s. KVC eLECTRONICS and Electrical Ltd, Kolkata respectively against in form “F” without payment of tax.now assessing officer passed assessment order under section 43 of the OVAT Act and demand more money  with penalty. now my question is is it justified or not?