Punjab & Haryana High Court stays passing of final orders in assessment cases of year 06-07, 07-08 and 08-09

[AMIT BAJAJ ADVOCATE]

Punjab and Haryana High Court has stayed the passing of final orders in assessment cases of years 2006-07, 2007-08 and 2008-09 under Punjab VAT Act, 2005 in the case of M/s ABC Ltd vs State of Punjab. The said company had challenged the vires of the amendment in section 29 of Punjab VAT Act, 2005 whereby the limitation period of all the assessment cases including that of 2006-07, 2007-08 and 2008-09 was extended from three years to six years. For the assessment of year 2006-07 the time limit was extended till 20th November, 2014.

While issuing notice of motion to the State, the Hon'ble High Court passed interim order in the following terms:

"Proceedings will continue but no final order shall be passed."

Meaning thereby the proceedings for assessment can continue but final order in the assessment proceedings cannot be passed. The said interim order was passed on 31.10.2014.

However, it is pertinent to mention here that the said stay order seem to have been granted only to the petitioner concerned. But any one interested may also approach the Hon'ble Court for the similar stay as the matter as to the validity of abovesaid amendment as to enhancement of limitation has already been taken cognizance of by the Hon'ble High Court.