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TMI Blog2021 (11) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... in W.P.No.30910/2018, by which the writ petition preferred by the appellant has been dismissed. 2. Facts leading to filing of this appeal briefly stated are that the appellant was registered as a dealer under the provisions of Karnataka Value Added Tax Act, 2003 (hereinafter referred to as 'the Act' for short) w.e.f. 01.04.2005. Subsequent to the registration of the firm, the appellant commenced his business in dealing with minerals and also paid up the tax to the Additional Commissioner of Commercial Taxes. In the year 2009, the Supreme Court imposed certain restrictions on the mining operations in the District of Bellary and therefore, the appellant sustained huge loss and decided to wind up the business in the State of Karnatak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made after the following time limits.- (a) five years after the end of the prescribed tax period; or (b) three years after evidence of facts, sufficient in the opinion of the prescribed authority to justify making of the re assessment, comes to its knowledge, whichever is later. (2) If any tax is, not paid by a dealer who has failed to get registered under Section 79, an assessment or re-assessment may be made as if in sub-section (1), reference to five years was a reference to ten years. (3) In computing the period of limitation specified for assessment or re-assessment, as the case may be under this Act, the period taken for disposal of any appeal against an assessment or other proceeding by the appellate authority, a t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e period taken for disposal of any appeal against an assessment or other proceeding by the appellate authority, a tribunal or competent court shall not be taken into account in computing such period for assessment or reassessment as the case may be." Section 40 of the Act was again amended by amending Act No.54 of 2013 and the aforesaid provision was given a retrospective operation 01.04.2005. The amended provision reads as under "40. Period of limitation for assessment.- (1) An assessment under Section 38 or re assessment under Section 39 of an amount of tax due for any prescribed tax period shall not be made after five years after the end of the prescribed tax period: Provided that an assessment or re-assessment relating to an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are as under: FACTS DATES Assessment year Year 2005-2006 1-04-2005 to 31-03-2006 Call Notice 13-10-2011 Impugned Order under section 39(1) 27-03-2013 Period of limitation as per original section 40 ended on 31-03-2011 1st Amendment i.e., Act 12 of 2011 came into force on 01.04.2011 2nd Amendment i.e., Act 17 of 2012 came into force on 01-04-2012 3rd Amendment i.e., Act 54 of 2013 came into force on 01.08.2013 6. Therefore, the order of re-assessment which was passed on 27.03.2013 for the Assessment Year 2005-06 is barred by limitation. It is pertinent to note that under the unamended provision, a vested right had accrued in favour of the petitioner. The amendment made to Section 40 of the Act, cannot be construed so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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