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2015 (10) TMI 448 - HC - VAT and Sales TaxValidity of assessment order - Bar of limitation - Whether the assessment order which was passed on August 22, 2003 under section 11 of the 1948 Act was within limitation - Held that:- Substituted section 11 of the 1948 Act created a substantive right in favour of an assessee to get his assessment finalised within the time prescribed. The provisions of the amending Act would be applicable to the proceedings pertaining to the assessment year 1997-98 as the last date prescribed for the last return was after the promulgation of the Ordinance. The facts of the instant case being similar to Emkay Industries' case [2004 (5) TMI 545 - PUNJAB AND HARYANA HIGH COURT], the assessment was required to be finalised within three years. In the present case, the assessment order was required to be passed by April 30, 2001, whereas the same has been passed on August 22, 2003. Thus, there can be no escape from the finding that the assessment order dated August 22, 2003 is barred by limitation - no substantial question of law arises in this appeal - No merit in appeal - Decided against the revenue.
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