TMI Blog2011 (3) TMI 1539X X X X Extracts X X X X X X X X Extracts X X X X ..... o challenge the notice of reassessment dated 2nd of July, 2010. By this notice the Revenue seeks to reopen the order of reassessment which was made on 4th of October, 2008. The petitioner has raised two grounds which are: (1) That the petitioner who is a manufacturer has paid the entry tax and as such considering the notification dated 10th of February, 2005 it is entitled to a set-off in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d only on 4th of October, 2008. The notice of reassessment is after this date. For considering the controversy it will be necessary to reproduce the section 21(2) of the Act, which reads as under: 21. (1) . . . (2) Except as otherwise provided in this section, no order of assessment or reassessment under any provision of this Act for any assessment year shall be made after the expiration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncelled by the Commissioner under subsection (3) of section 4A, the order of assessment or reassessment may be made within one year from the date of receipt by the assessing authority of the copy of the order amending or cancelling the aforesaid certificate or by March 31, 1995, whichever is later: Subs. by U.P. Trade Tax (Amendment and Validation) Act, 2001 (U.P. Act No. 11 of 2001), dated Apr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the Commissioner has been taken to issue notice for reassessment, therefore, in view of the said sub-section, the issuance of notice for reassessment is without jurisdiction as it is barred by limitation having been issued after more than two years from the end of relevant assessment year and consequently, the notice is liable to be set aside and is set aside. We, however, make it clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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