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2019 (4) TMI 1884 - HC - VAT and Sales TaxTime limitation for completion of assessment - period had already expired when the extension for time to complete the assessment was sought for - petitioner contended that the assessment under the Act is required to be done within six months after service of notice which has not been done and the extension of time which was sought for after expiry of six months - HELD THAT:- Taking into consideration the provision under sub-section (6) of section 42 of the OVAT Act including the proviso, it can be safely said that the period had already expired when the extension for time to complete the assessment was sought for. The same was done much after six months of expiry of the period of limitation in January, 2017 but the extension is sought for in March, 2017. The issue is squarely covered by the ratio in the case of State of Punjab v. Shreyans Indus Ltd. [2016 (3) TMI 331 - SUPREME COURT], wherein the honourable Supreme Court that here would be no question of extending the time for assessment when the assessment has already become time barred. A valuable right has also accrued in favour of the assessee when the period of limitation expires. The orders of assessment involved in each of the writ petition are without jurisdiction - Petition allowed.
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