9911796707
TMI Blog2012 (10) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) prescribes limitation for completing the assessment - In the present case, it is clear that completion of reassessment, i.e., passing of the order of reassessment is beyond the limitation prescribed u/s 19(2) - orders of reassessment quashed - petition allowed - decided in favor of petitioner. - W.P. (C) Nos. 3267, 3322,3327 of 2010 - - - Dated:- 3-10-2012 - GOEL A.K. C.J. AND KOTISWAR SINGH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act and, thereafter, reassessment was completed on January 2, 2010/March 31, 2010, which is beyond the period of three years, stipulated under section 19(2) of the Act and on that ground the same is sought to be quashed. We have heard learned counsel for the parties. Since reassessment proceedings are patently hit by section 19(2) of the Act, we have called upon learned counsel for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n should be purposive. Both the above judgments are distinguishable. Limitation prescribed in the present statute is not for proceeding to make assessment , but for making assessment in which case mere initiating proceedings is not enough but final order has to be passed within the prescribed time. Relevant provisions of the Act: 18. Turnover escaping assessment.-(1) Where after a dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t year for which or part of which the assessment or reassess ment is required to be made; and (b) in any other case, within four years from the end of the relevant year for which or part of which an assessment or reassessment is required to be made; serve a notice on the dealer and, after giving the dealer an opportunity of being heard and making such inquiry as he considers necessary, proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
