TMI Blog2023 (10) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... n assessed on 31.10.2012. In view thereof, the order dated 25.01.2016 itself is a reassessment traceable to Section 27 of the TNVAT Act. The present proceeding is also traceable to Section 27 of the TNVAT Act. Though exercise of power of assessment / reassessment under Section 27 of the TNVAT Act would not result in exhaustion of the power and it is open to exercise the power vested under Section 27 of the TNVAT Act on more than one occasion - though there is no limitation as to the number of occasions the power of assessment / reassessment under Section 27 of the TNVAT Act may be exercised. However, any such exercise ought to be made within the period of six years from the date of original assessment including deemed assessment as stipulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31.10.2012 for the assessment year 2011-12. 2.1. A show cause notice dated 14.09.2015 was issued proposing to revise the assessment on the premise that they have not disclosed certain transactions of sales. The dealer wise details of sales allegedly suppressed was set-out in the notice as under: S.No. TIN Dealer Name Purchase Turnover 1. 33141083844 Golden Enterprises 1,52,500.00 2. 33230946103 Euro Petroleum 10,00,000.00 3. 33321481736 Mahalakshmi Lubricants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued subsequent to the expiry of the period of limitation of 5 years prescribed under Section 27 of the TNVAT Act on 01.03.2021, was submitted as barred by limitation. 2.3. The impugned order of assessment came to be passed on the premise that the assessee had reckoned the limitation of 5 years from the date of assessment order dated 25.01.2016 overlooking the fact that the period of limitation has been extended to 6 years vide Act 23 of 2012 effective from 19.06.2012 and thus proceeded to reject the objections of the assesee as being barred by limitation on the premise that the extended period of limitation of six years would be available to the respondent to exercise its power of reassessment under Section 27 of the TNVAT Act and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the date of assessment i.e., 25.01.2016 is misconceived. The above submission overlooks the fact that in view of the deeming contained in Section 22 of the TNVAT Act the petitioner must be deemed to have been assessed on 31.10.2012. In view thereof, the order dated 25.01.2016 itself is a reassessment traceable to Section 27 of the TNVAT Act. The present proceeding is also traceable to Section 27 of the TNVAT Act. Though exercise of power of assessment / reassessment under Section 27 of the TNVAT Act would not result in exhaustion of the power and it is open to exercise the power vested under Section 27 of the TNVAT Act on more than one occasion. However, it must be borne in mind that any exercise of power under Section 27 of the TNVAT Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction having, thus, been invoked by the Commissioner of Income Tax beyond the period of limitation, it was wholly without jurisdiction rendering the entire proceeding a nullity. (emphasis supplied) b. Foreshore Coop. Housing Society Ltd. v. Praveen D. Desai, (2015) 6 SCC 4 12 : (2015) 3 SCC (Civ) 333 : 2015 SCC OnLine SC 302 a t page 430 45. The term jurisdiction is a term of art; it is an expression used in a variety of senses and draws colour from its context. Therefore, to confine the term jurisdiction to its conventional and narrow meaning would be contrary to the well-settled interpretation of the term. The expression jurisdiction , as stated in Halsbury's Laws of England, 4th Edn., Vol. 10, Para 71 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has to be taken at the earliest possible opportunity and in any case at or before settlement of issues. The law is well settled on the point that if such objection is not taken at the earliest, it cannot be allowed to be taken at a subsequent stage. Jurisdiction as to subject-matter, however, is totally distinct and stands on a different footing. Where a court has no jurisdiction over the subject-matter of the suit by reason of any limitation imposed by statute, charter or commission, it cannot take up the cause or matter. An order passed by a court having no jurisdiction is a nullity. e. Halsbury's Laws of England, (4th Edn.), Reissue, Vol. 10, para 317, it is stated: 317. Consent and waiver. Where, by reason of any limitat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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