9911796707
TMI Blog2019 (10) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... ated May 30, 2018, primarily on the ground that the reassessment order impugned, is barred by limitation. 3. The petitioner is a private limited company incorporated under the provisions of the Companies Act, 1956 and registered under the provisions of the Karnataka Value Added tax Act, 2003 ("the Act" for short). The petitioner is engaged in the execution of works contract of construction of residential/commercial building for sale. The Deputy Commissioner of Commercial Taxes (Assessing Authority) had passed an order of reassessment dated January 16, 2010 under section 39(1) of the Act relating to the tax periods April, 2007 to September, 2007 levying tax on certain receipts. Being aggrieved, the petitioner had preferred appeals before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be made after five years after the end of the prescribed tax period. In terms of sub-section (3), in computing the period of limitation specified for assessment or reassessment, as the case may be under the Act, the period taken for disposal of any appeal against an assessment or other proceeding by the appellate authority, a tribunal or competent court or any revisional proceeding by the Joint Commissioner or the Additional Commissioner or the Commissioner shall not be taken into account in computing such period for assessment or reassessment as the case may be. Thus, the order of reassessment dated May 30, 2018, if examined in the light of these provisions, the assessment impugned is apparently barred by limitation. Hence, on this ground, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve years after the end of the prescribed tax period." 8. Sub-section (3) reads thus : "In computing the period of limitation specified for assessment or reassessment, as the case may be, under this Act, the period taken for disposal of any appeal against an assessment or other proceeding by the appellate authority, a tribunal or competent court (or any revisional proceeding by the Joint Commissioner or the Additional Commissioner or the Commissioner) shall not be taken into account in computing such period for assessment or reassessment as the case may be." 9. The contention of the petitioner that in computing the period of limitation, the period taken for disposal by the appellate authority and revisional authority shall not be taken i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come within the purview of sub-section (3) of section 40 of the Act. The period of limitation would start running from the date of passing of the order by the Commissioner under section 64(2) of the Act directing the fresh assessment. If that to be considered in terms of sub-section (1) of section 40 of the Act, the order impugned is well within the time prescribed. 12. Hence, the arguments advanced by the learned counsel for the petitioner fails and the writ petition is dismissed with liberty to the petitioner to avail the alternative remedy of appeal available under the Act. If such an appeal is preferred within a period of two weeks from the date of receipt of certified copy of the order, the same shall be considered by the appellate a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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