Limitation for reassessment notices: a belated, defective notice was held ineffective, triggering refund with statutory interest.

Post-appeal reassessment under the Odisha Value Added Tax Act was governed by the extended limitation period in Section 49(2). Because the reassessment notice was issued after expiry of that period and not in the prescribed statutory form, the authority could not revive the reassessment power by a belated notice; the notice was therefore ineffective and non est in law. As a result, the petitioner was entitled to refund of the amount due together with applicable statutory interest.

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Issues: Whether the post-appeal reassessment notice was barred by limitation and therefore legal effect, and whether the petitioner was entitled to refund with statutory interest.

Analysis: The extended period under Section 49(2) of the Odisha Value Added Tax Act, 2004 governed reassessment following the Tribunal's order. The notice for reassessment was issued after expiry of that period, and the defect was aggravated by the fact that it was not issued in the prescribed statutory form. Once the limitation period had expired, the authority could not revive or preserve the power of reassessment by issuing a belated notice. The resulting notice was therefore treated as ineffective in law.

Conclusion: The reassessment notice was barred by limitation and was non est in law. The petitioner was entitled to refund of the amount due together with applicable statutory interest.

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