HC ruled on belated assessment orders under Entry Tax Act 2001 ...
Entry Tax Assessment Orders From 2003-04 Quashed Due to 18-Year Delay Under Rule 4(1)
February 4, 2025
Case Laws VAT / Sales Tax HC
HC ruled on belated assessment orders under Entry Tax Act 2001 for AY 2003-04 and 2004-05. Though no explicit limitation period exists, assessments must be completed within reasonable time. Entry Tax Act operates in conjunction with TNGST Act 1959 and later TNVAT Act 2006. Rule 4(1) mandates single-order assessment after year-end. Department's 2021 orders for AY 2003-04 and 2004-05 were unjustifiably delayed. Court held returns filed by petitioner deemed assessed under Rule 4(1), and any reassessment powers should have been exercised within 5 years of deemed assessment. Impugned orders set aside, petition allowed.
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