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VAT - Highlights / Catch Notes

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Extension of time limit for completion of assessment - ...

VAT and Sales Tax

July 12, 2022

Extension of time limit for completion of assessment - Considering from the perspective of administrative law, the time limitations are restrains placed by the legislature to regulate exercise of administrative power. They are intended to enforce discipline in governance and could therefore be compelling guidelines or even mandatory prescriptions. The Court must therefore, examine the provisions in the context of balance between need for executive flexibility and the quest against arbitrariness. It is the duty of the Court to synthesize these competing claims keeping in mind the public interest of good governance. - Matter to be placed before 3 member bench - SC

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