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2018 (3) TMI 88 - HC - VAT and Sales TaxValidity of Re-assessment proceedings - Section 39(2) of the KVAT Act, 2003 - time limitation - Held that: - this Court is of the opinion that the Re-assessment proceedings u/s 39(2) of the Act on further evidence and information coming to the notice of the prescribed authority is permitted by Section 39(2) of the Act, which clearly envisages of a second or multiple Re-assessments after the initial Re-assessment order is passed u/s.39(1) of the Act. The overlapping proceedings of Re-assessment envisaged u/s 39(2) of the Act, whether it can be dissected for the purpose of Section 40(3) of the Act or not is a mixed question of facts of law. What is effect of the stay order granted by the Tribunal on 23.01.2013 on such further Re-assessment proceedings is a question which is yet to be adjudicated by the concerned authorities of the Department, the Assessing Authority being at the first instance and the two Appellate Authorities being the later two levels of Appellate forums provided in the Act. Petition disposed off as pre-mature.
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