TMI Blog2012 (7) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... the extension granted by him has become non est in the eyes of law. The said observations of the Tribunal have not been shown to be erroneous or perverse in any manner. No question of law much less a substantial question of law arises in this appeal for consideration of this court. Accordingly, finding no merit in the appeal, the same is hereby dismissed. - VATAP No. 60 of 2011 - - - Dated:- 19-7-2012 - AJAY KUMAR MITTAL AND SANDHAWALIA G.S., JJ. For the Appellants : Gaurav Garg Dhuriwala, Deputy Advocate-General, Punjab, For the Respondent : K.L. Goyal, Senior Advocate with Sandeep Goyal The judgment of the court was delivered by AJAY KUMAR MITTAL J.- C.M. No. 20689-CII of 2011 Allowed as prayed for. C.M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29(4) is directory in nature especially when the Legislature has empowered the Commissioner to extend the period of limitation by exercising powers under section 29(4) of the Punjab Value Added Tax Act, 2005? 2. Put shortly, the facts necessary for the disposal of the present appeal are that the assessee filed its quarterly return for the year 2005-06 and had also filed annual statement in form VAT-20 on November 17, 2006. The assessment was framed on March 26, 2010 (annexure A1) creating an additional demand of tax amounting to ₹ 1,43,588 after issuing notice under section 29 of the Act. The Revenue approached the appropriate authority for the grant of extension vide letter dated June 11, 2009 under section 29(4) of the Act. Vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 29(4) of the Act. 4. The learned counsel for the respondent-assessee controverting the aforesaid submissions referred to sub-section (4A) inserted in section 29 of the Act by the Punjab Value Added Tax (Third Amendment) Act, 2010, which is to the following effect: (4A) Notwithstanding anything contained in sub-section (4), the assessment under sub-section (2) or sub-section (3), in respect of which annual statement for the assessment year 2005-06 has already been filed, can be made within a period of three years, commencing from the 20th day of November, 2006. 5. Relying upon the aforesaid amendment, it was contended that despite of sub-section (4) to section 29 of the Act providing for an appropriate authority to extend the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty arising out of such reading of a statue defeating or frustrating the object and purpose of an enactment, it must be read and understood by its plain reading. In the present one, no difficulty or doubt arises in interpreting the provisions of sub-section (4A) of section 29 ibid. That being so, it has to be read and understood by its plain reading. This sub-section nowhere says that the Commissioner under the exceptional circumstances could extend the period for framing assessment. Had it been the intention of the Legislature to confer such power upon him, the mention in this regard would have certainly been made in the amending provision. Thus, it crystallizes the conclusion that the Commissioner did not have the power to extend the perio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
