Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2020 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 880 - HC - VAT and Sales TaxExempt sales or not - demand notice challenged on the ground that it has been made after the lapse of six years from 30.06.2012 when the assessment for the year 2009-2010 was deemed to have been made as it is in contravention of the bar created in Section 27(1) as well as Section 84(1) of the TNVAT Act - HELD THAT:- It is clearly evident from the dictum laid down in the authoritative pronouncements in SALES TAX OFFICER & ANR. VERSUS SUDARSANAM IYENGAR & SONS [1969 (8) TMI 86 - SUPREME COURT] that for the purpose of reckoning limitation of six years from the date of assessment under the relevant provision of the TNVAT Act, what is crucial to be ascertained is that the re-assessment proceedings should have commenced within that time limit in order to be valid, and the date of its conclusion would be inconsequential. Having regard to that settled position of law, the notice for commencing re-assessment proceedings had been issued in the present case on 08.10.2018, which is beyond the period of six years from 30.06.2012 when the assessment was deemed to have been made. In that view of the matter, it is not possible to sustain the impugned Notice issued by the Respondent for re-assessment of tax liability of the Petitioner under the TNVAT Act and the same is quashed. Petition ordered.
|