Validity of assessment order - time limitation - the exercise of ...

Case Laws     VAT and Sales Tax

August 3, 2021

Validity of assessment order - time limitation - the exercise of power in terms of the proviso to Section 42(6) of the OVAT Act was, on the fact of the present case, an empty formality defeating the very purpose of requiring the audit assessment proceedings to be completed in a time bound manner. Section 42 (7) of the OVAT Act underscores the importance of completion of assessment proceedings in a time bound manner and limits the discretion of the CST in allowing the extension beyond the period of six months. This makes it even more important for the CST to have applied its mind to the facts of the case before mechanically granting extension. - HC

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