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2008 (8) TMI 546 - SUPREME COURTWhether the words 'at any time' occurring in sub-rule (13) confer power on the authority to revise the tax without regard to the period of limitation? Held that:- Appeals are allowed. We are unable to agree to the meaning put by the High Court on section 5(6) of the Act. In our view, the expression "during the period of option permitted under this section at any time " does not refer to the power of the prescribed authority at all but it refers to the happening of the events enumerated in the sub-section that would form the basis to vary the fixed amount of tax. To make our meaning clear we may read sub-section (6), insofar as relevant for the present, in the following way: "Where, at any time during the period of option permitted under this section, the local area in respect of which permission is granted is upgraded, it shall be lawful for the prescribed authority to vary the amount of tax payable by the proprietor under sub-section". Alternatively, the long expression "during the period of option permitted under this section at any time" may be divided into two parts; the first part, "during the period of option permitted under this section" referring to any of the four events taking place and the second part "at any time" referring to the prescribed authority.
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