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TMI Blog1981 (11) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... dealer or the production by him of any evidence that the returns furnished in respect of any period are correct and complete, he shall assess the amount of tax due from the dealer on the basis of such returns. (2) If the Assessing Authority is not satisfied without requiring the presence of dealer who furnished the returns or production of evidence that the returns furnished in respect of any period are correct and complete, he shall serve on such dealer a notice in the prescribed manner requiring him, on a date and at a place specified therein, either to attend in person or to produce or to cause to be produced any evidence on which such dealer may rely in support of such returns. * * * * (4) If a dealer having furnished returns in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation has been raised from three years to five years. In all other respects the amended sub-section (4) is in pari materia with sub-section (4) of the Act as it stood prior to Punjab Amendment Act No. 28 of 1965. While interpreting that sub-section, this is what has been held by the Supreme Court: "Section 11(4) of the East Punjab General Sales Tax Act, 1948, provided: 'If a registered dealer, having furnished returns in respect of a period, fails to comply with the terms of a notice issued under sub-section (2), the Assessing Authority shall, within three years after the expiry of such period, proceed to assess to the best of his judgment the, amount of the tax due from the dealer: Held, (i) that the power to make the best judgment ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disapproved their earlier dictum recorded in Madan Lal Arora's case [1961] 12 STC 387 (SC) and rather the following observations made in this judgment completely support the case of the petitioner: "For the issuance of a notice under sub-section (2) no time-limit has been fixed, but the Assessing Authority must remain on its guard of taking the steps and completing the assessment as soon as it may be possible 'to do so. Otherwise, the risk involved may just be pointed out. Take a case where a notice under sub-section (2) is issued after the expiry or just on the verge of expiry of the period of 5 years and the dealer fails to comply with the terms of the notice. In such a case the Assessing Authority may have to proceed to make the best j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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