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2020 (5) TMI 536 - HC - VAT and Sales TaxCompletion of assessment proceedings - Time Limitation - amendment in Section 25(1), where assessment was five year which was amended to six years - HELD THAT - The assessment in respect of the period of limitation for reopening has already expired and cannot be reopened in view of the provisions of the Act. Petition allowed.
Issues:
Challenge to assessments under Section 25(1) of the Kerala Value Added Tax Act, 2003 for the year 2011-2012. Jurisdiction of officers invoking Section 25 beyond six years. Analysis: The writ petition challenged assessments under Section 25(1) of the Kerala Value Added Tax Act, 2003 for the year 2011-2012. The assessments were initially based on a five-year period but later amended to six years. The petitioners argued that all pre-assessment notices were issued beyond the six-year limit set by the amendment. The petitioners relied on previous judgments of the court, including WP(C) No. 9963 of 2019, to establish that officers invoking Section 25 beyond six years lacked jurisdiction. The court acknowledged the submissions and held that the assessments should have been completed by 31.3.2017 and revised up to 2018 in line with the amendment. The Government Pleader did not dispute the previous judgments but mentioned that a writ appeal was pending. After considering the arguments, the court concluded that the assessments in question had exceeded the period of limitation for reopening as per the Act and the submissions made. Consequently, the court quashed the assessments under Exts.P1, P2, and P13, thereby allowing the writ petition. In summary, the High Court of Kerala, in a judgment delivered by Justice Amit Rawal, addressed the challenge to assessments under Section 25(1) of the Kerala Value Added Tax Act, 2003 for the year 2011-2012. The court ruled that assessments conducted beyond the six-year limit set by the amendment were not valid due to the expiration of the period of limitation for reopening. The judgment highlighted the importance of adhering to statutory provisions and previous court decisions in determining the jurisdiction of officers in such matters.
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