Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + SC VAT and Sales Tax - 1996 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1996 (8) TMI 511 - SC - VAT and Sales TaxWhether, relying upon clause (5) pf Section 35, an Income tax Officer could rectify the assessment of a person a who was a partner in a firm when the assessment of the firm was completed before 1st April, 1952? Held that:- By reason of the said Notification issued on 30th March, 1974, with effect from 1st November, 1971, Rule 18(5)(ii) has to be read as barring the commissioner (or other authority to whom power in this behalf has been delegated by the commissioner) from revising of his own motion any assessment made or order passed under the Act or the rules if the assessment has been made or the order has been passed more than six years previous to 1st November, 1971, Put conversely, with effect from 1st November, 1971, Rule 18(5)(ii) permits the Commissioner (or other authority) to revise of his own motion any assessment made or order passed under the Act or the rules provided the assessment has not been made or the order passed more than six years previously. This being the plain meaning, the said Notification must be given full effect. Full effect can be given only if the said Notification is read as being applicable not only to assessments which were incomplete but also to assessments which reached finality by reason of the earlier prescribed period of four years having elapsed. Where language as unambiguous as this is employed, it must be assumed that the legislature intended the amended provision to apply even to assessments that had so become final: if the intention was otherwise, the Legislature would have so stated. In the result, the appeal is allowed. The judgment and order under appeal is set aside. The respondents shall be entitled to proceed upon the notices dated 7th November, 1974, issued to the 1st respondent reopening its assessments for Assessment years Chaitra Sudi 2023 and 2024.
|