Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2021 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (11) TMI 691 - KARNATAKA HIGH COURTValidity of re-assessment order - enlargement of time limitation with prospective effect or not - Section 39(1) of KVAT Act - HELD THAT:- The order of re-assessment which was passed on 27.03.2013 for the Assessment Year 2005-06 is barred by limitation. It is pertinent to note that under the unamended provision, a vested right had accrued in favour of the petitioner. The amendment made to Section 40 of the Act, cannot be construed so as to open up a liability which had become barred. Therefore, even by retrospective operation of law, the aforesaid vested right accrued to the petitioner cannot be taken away. The impugned notice dated 17.03.2013 issued by the respondent No.3 namely the Additional Commissioner of Commercial Taxes is hereby quashed - Appeal allowed.
|