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1962 (7) TMI 31 - HC - VAT and Sales Tax
Issues:
1. Interpretation of the Punjab General Sales Tax Act, 1948 regarding the powers of the Commissioner in revising assessments. 2. Applicability of section 11-A of the Act in relation to the revisional powers of the Commissioner. 3. Effect of notice issued by the Commissioner on the limitation period for assessment. 4. Scope of questions permissible in a reference to the Court under section 22 of the Act. Detailed Analysis: The case involved a firm that had applied for a change of name and subsequently got assessed for sales tax. The Commissioner, exercising revisional powers, increased the taxable turnover, leading to the firm being liable to pay additional sales tax. The firm sought a reference to the Court on three questions, primarily questioning the Commissioner's powers under section 21(1) of the Act. The Court noted that the Commissioner, not being the Assessing Authority, is not bound by section 11-A, which pertains to reassessment powers of the Assessing Authority. Therefore, the Commissioner's revisional powers are not limited by section 11-A. Furthermore, the Court determined that the notice issued by the Commissioner for revision did not fall under the purview of section 11-A, as it was not an assessment or reassessment notice. Consequently, the question regarding the effect of the notice on the limitation period did not hold relevance. The Court emphasized that the scope of the reference was limited to the questions raised, and any new arguments or analogies were deemed irrelevant. The Court held that the Commissioner had the authority to increase the taxable turnover within the prescribed period, independent of section 11-A. In conclusion, the Court found that the Commissioner's powers under section 21(1) were not constrained by section 11-A, rendering the other questions moot. The reference was answered accordingly, and each party was directed to bear their own costs. The judgment was delivered by Shamsheer Bahadur, J., concurring with the decision.
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