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TMI Blog2011 (1) TMI 1263X X X X Extracts X X X X X X X X Extracts X X X X ..... essment after the expiration of two years but not after the expiration of six years from the end of such year. Therefore, sub-section (2) provides limitation for eight years for passing the order. Sub-section (2) is subject to the other provision of the section. It is subject to sub-section (3) which provides that if the notice is served within the period specified in sub-section (2) the assessment may be made within six months after the expiration of such period. In this way sub-section (3) extends six months further period for passing the order. In view of the above, the order of the Tribunal is erroneous and liable to be set aside. Thus, the Tribunal is required to decide the appeal on the merits. Revision allowed. - 1003 of 2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0, 1999 was within time. I find substance in the argument of learned Standing Counsel. Section 21(1), (2) and (3) reads as follows: 21. Assessment of tax on the turnover not assessed during the year. (1) If the assessing authority has reason to believe that the whole or any part of the turnover of the dealer, for any assessment year or part thereof, has escaped assessment to tax or has been under-assessed or has been assessed to tax at a rate lower than that at which it is assessable under this Act, or any deductions or exemptions have been wrongly allowed in respect thereof, the assessing authority may, after issuing notice to the dealer and making such inquiry as it may consider necessary, assess or reassess the dealer or tax accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the period aforesaid but not after the expiration of six years from the end of such year or March 31, 2002, whichever is later notwithstanding that such assessment or reassessment may involve a change of opinion: Provided further that the assessment or reassessment for the assessment year 1987-88 may be made by March 31, 1993: Provided also that if the eligibility certificate granted under section 4A has been amended or cancelled by the Commissioner under sub-section (3) of section 4A, the order of assessment or reassessment may be made within one year from the date of receipt by the assessing authority of the copy of the order amending or cancelling the aforesaid certificate or by March 31, 1995, whichever is later: Provided als ..... X X X X Extracts X X X X X X X X Extracts X X X X
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