TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court Invalidates Assessment Orders Exceeding Time Limits</h1> <h3>S. NAJEEM AND S. SAJEEV, Philips India Limited. Versus COMMERCIAL TAX OFFICER, ANCHAL, KOLLAM DISTRICT, Assistant Commissioner (Assessment), Special Circle, Commercial Taxes, Aluva AND OTHERS</h3> S. NAJEEM AND S. SAJEEV, Philips India Limited. Versus COMMERCIAL TAX OFFICER, ANCHAL, KOLLAM DISTRICT, Assistant Commissioner (Assessment), Special ... Issues Involved:1. Period of limitation for invoking Section 25(1) or 25A of the Kerala Value Added Tax Act, 2003.2. Power exercised by the Deputy Commissioner under section 25B of the Act to extend the time for completing the assessment.3. Whether penalty proceedings could be taken against an assessee beyond the period specified under section 67(1) read with section 25(1) of the Act, or under section 45A read with section 19(1) of the Kerala General Sales Tax Act, 1963.Detailed Analysis:Group-A: Limitation for Assessment under Section 25(1)- The petitioners contended that notices for assessment or assessment orders passed under section 25(1) were barred by limitation.- The court held that Section 25(1) permits the assessing authority to determine escaped turnover within five years from the last date of the year to which the return relates. The issuance of notice under Section 25(1) must occur within this period.- The third proviso to Section 25(1) extends the period for completing assessments but does not extend the period for issuing notices. Hence, notices issued beyond the five-year period are barred by limitation.- The court quashed the impugned assessment orders in all Group-A cases as they were issued beyond the statutory limitation period.Group-B: Extension of Time by Deputy Commissioner under Section 25B- Petitioners challenged notices and assessment orders issued under Section 25(1) based on orders by the Deputy Commissioner under Section 25B.- Section 25B allows the Deputy Commissioner to extend the period for completing assessments for good and sufficient reasons, but it does not extend the period for initiating proceedings under Section 25(1).- The court found that the Deputy Commissioner’s orders extending the time for assessment were issued beyond the period specified under Section 25(1) and lacked specific reasons.- Consequently, the court set aside the assessment orders in Group-B cases.Group-C: Orders under Section 25B- Petitioners challenged the orders passed by the Deputy Commissioner under Section 25B, contending that the power under Section 25B cannot be exercised beyond the period of limitation.- The court reiterated that the Deputy Commissioner’s orders extending time for completing assessments beyond the five-year period specified under Section 25(1) are invalid if no proceedings were initiated within the limitation period.- The court allowed the petitions, quashing the impugned orders issued under Section 25B.Group-D: Penalty Orders- Petitioners challenged penalty orders issued under Section 45A of the KGST Act and Section 67(1) of the KVAT Act, contending they were barred by limitation.- The court noted that Section 67(1) prescribes a definite outer time limit for finalizing penalty proceedings, which was initially one year and later extended to three years.- The court held that penalty proceedings must be completed within the statutory period from the date of detection of the offence. In this case, the penalty orders were issued beyond the period of limitation.- The court quashed the penalty orders in Group-D cases.Group-E: Orders under Section 25A- Petitioners challenged orders passed under Section 25A of the Act, contending they were beyond the period prescribed under Section 25(1).- Section 25A pertains to assessments based on audit objections and requires an audit report from the Comptroller and Auditor General.- The court found that the notices were issued under Section 25(1) and were beyond the time specified.- The court quashed the impugned orders in Group-E cases.Conclusion:- The court emphasized that the statutory periods of limitation must be strictly adhered to, and any extension of time for completing assessments or penalty proceedings must be within the framework of the law.- The court quashed the impugned orders in all the groups, providing relief to the petitioners.
TaxTMI 
TaxTMI 
