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1969 (8) TMI 71 - SC - VAT and Sales TaxWhether on a proper interpretation of sub-sections (4) and (5) of section 11 of the Punjab Act the period of limitation was three years for making the assessment from the last date on which the return was to be filed? Whether the order of assessment was valid even after it was made after a period of three years provided the necessary notice had been issued within that period? Held that:- Appeal allowed. It is undoubtedly open to the Legislature or the rule-making authority to make its intention quite clear that on the expiry of a specified period no final order of assessment can be made. Then the taxing authorities would certainly be debarred from completing the assessment beyond the period prescribed as was the case in Sub-section (3) of section 34 of the Income-tax Act, 1922; but such is not the case here and we would hold that the assessment proceedings relating to the year 1962-63 were within time.
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