Limitation for tax assessment turns on completion, not initiation, so a belated assessment order was quashed.

An assessment under section 39 of the Assam Value Added Tax Act, 2003 is barred if the assessment order is passed after five years from the end of the relevant year, because the statutory word "made" refers to completion of the assessment, not mere initiation of proceedings. Commencing proceedings within time does not satisfy a limitation period attached to making the assessment when the final order is issued beyond the prescribed period. On that construction, the revisional authority's view that initiation alone was sufficient was inconsistent with the plain language and scheme of the statute, and the assessment order was liable to be quashed.

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Issues: Whether an assessment under section 39 of the Assam Value Added Tax Act, 2003 is barred by limitation when the assessment order is passed after five years from the end of the relevant year, notwithstanding that the proceedings were initiated earlier.

Analysis: Section 39 prescribes that no assessment shall be made after the expiry of five years from the end of the year to which the assessment relates. The expression used in the provision is "made", which refers to completion of the assessment and not merely the initiation of proceedings. A limitation period attached to making of the assessment cannot be satisfied by commencing proceedings within time if the assessment order itself is passed beyond the statutory period. The revisional authority's construction treating initiation as sufficient was inconsistent with the plain language of the statute and the statutory scheme.

Conclusion: The assessment order was barred by limitation and liable to be quashed.

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