TMI Blog1996 (1) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... o a best judgment assessment order dated January 17, 1989 under section 9(2) of the Central Sales Tax Act, 1956 read with section 12(5) of the State Act. 3.. The petitioner challenged the said assessment before the Deputy Commissioner of Commercial Taxes (Appeals) and then went to the Tribunal but having failed at both the stages, the present revision has been preferred. 4.. The sole contention raised by Mr. B.P. Gandhi, learned counsel appearing for the petitioner, is that the impugned assessment order is barred by time as envisaged under section 12(5) of the State Act and therefore it cannot be sustained. 5.. In the State Act, limitation for completion of assessments had been prescribed for the first time by the Karnataka Sales Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aka Sales Tax (Amendment) Act, 1985 shall be completed within the period of the three years following such commencement." 6.. Subsequently, by Karnataka Taxation (Amendment) Act, 1988 (Act No. 8 of 1989), the provisos to section 12(6) were retrospectively omitted and the following provisos were deemed to have been inserted to sub-section (5) of section 12 from the inception of the State Act: "Provided that assessment proceedings relating to any year ending before the date of commencement of the Karnataka Sales Tax (Amendment) Act, 1985 shall be completed within a period of four years from such commencement: Provided further that nothing in this sub-section limiting the time within which assessment may be made shall apply to an assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Calico Printing Company Limited v. S.G. Mehta, Income-tax Officer AIR 1963 SC 1436 at pages 1445-46, it has been held that: "It must be remembered that if the Income-tax Act prescribes a period during which the tax due in any particular assessment year may be assessed, then on the expiry of that period the department cannot make an assessment. Where no period is prescribed the assessment can be completed at any time, but once completed it is final. Once a final assessment has been made, it can only be reopened to rectify a mistake apparent from the record (section 35) or to reassess where there has been an escapement of assessment of income for one reason or another (section 34). Both these sections which enable reopening of back asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs also by clear and specific words, it is not possible to read into those provisions a power enabling the assessing authorities to undo what has become final." 12.. Again in the recent judgment of this Court in the case of B.M. Shivakumar v. State of Karnataka (W.P. Nos. 6525 to 6527 of 1995-decided on November 24, 1995) one of us (G.C. Bharuka, J.), on a contention similar to one raised in the present case, has held that: 35.. On a conspectus of judicial pronouncements, it is quite clear that it is fallacious to say that on expiration of the period of limitation prescribed under a fiscal statute for completion of assessment or reassessment, the assessee acquires a vested right of not being assessed thereafter and the Legislature canno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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