2008 (7) TMI 910 - HC - VAT and Sales Tax

Summary

Issues:
1. Interpretation of Section 21(5) of the U.P. Trade Tax Act, 1948 regarding limitation for fresh assessment order.

Analysis:
The revision before the Allahabad High Court was against an order passed by the Trade Tax Tribunal relevant to the assessment year 1998-99. The main issue involved was whether the assessment order dated December 23, 2004, was barred by limitation under Section 21(5) of the Act. The case involved a situation where an ex parte assessment order was set aside by the first appellate authority, and a fresh assessment order was passed on December 23, 2004. The dealer argued that since the copy of the order remanding the matter was received by the assessing authority on April 6, 2004, the fresh assessment order was time-barred. However, the court noted that the date of receipt of the remand order was crucial in determining the start of the limitation period. It was also observed that the plea of limitation was not raised before the assessing authority after remand. Consequently, the court found no error in the orders remanding the matter for fresh consideration of the limitation plea and dismissed the revision summarily.

In the detailed analysis, the court emphasized the importance of ascertaining the date on which the order of the first appellate authority was received by the assessing authority to determine the commencement of the limitation period under Section 21(5) of the Act. The court noted that without fixing this point, it could not be concluded that the limitation period had started running. Additionally, it was highlighted that the plea of limitation was not raised before the assessing authority following the remand, which further supported the decision to remand the matter for fresh consideration. Ultimately, the court found no merit in the revision and upheld the orders of the authorities below, dismissing the revision summarily.