Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + SC VAT and Sales Tax - 1998 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1998 (11) TMI 531 - SC - VAT and Sales TaxWhether the Income-tax Officer could issue a notice of assessment to a person as an agent of a non-resident party under the amended provisions when the period prescribed for such notice had, before the amended Act came into force, expired? Held that:- Appeal allowed. Here, it is the completion of assessment or reassessment under section 21 which is to be done before the expiration of 8 years of that particular assessment year. Read as it is, these provisions would mean that the assessment for the year 1985-86 could be reopened up to March 31, 1994. Authorisation by the Commissioner of Sales Tax and completion of assessment or reassessment under sub-section (1) of section 21 have to be completed within 8 years of the particular assessment year. We need not refer to the provisions of Income-tax Act to interpret proviso to section 21(2) language of which is clear and unambiguous and so is the intention of Legislature. We are, thus, of the view that High Court was not right in quashing the sanction given by the Commissioner of Sales Tax and notices issued by the assessing authority in pursuance thereto.
|