https://www.taxtmi.com/caselaws?id=144127 Expiry of the five-year assessment period for escaped turnover under the sales tax law is described as a limitation on assessment, not as an automatic bar to prosecution for wilfully filing an untrue return. The commentary states that rule 26(16) concerns preservation of accounts, while prosecution under section 45(2)(a) may still proceed if recovered material is sufficient to show the return was false, even if that material surfaced after five years. The correctness of the return and the evidentiary value of the recovered documents are to be tested at trial, rather than rejected at the threshold on a preliminary view. en-us Wed, 17 Aug 1966 00:00:00 +0530 Sat, 20 Apr 2013 09:54:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=144127 Expiry of the five-year assessment period for escaped turnover under the sales tax law is described as a limitation on assessment, not as an automatic bar to prosecution for wilfully filing an untrue return. The commentary states that rule 26(16) concerns preservation of accounts, while prosecution under section 45(2)(a) may still proceed if recovered material is sufficient to show the return was false, even if that material surfaced after five years. The correctness of the return and the evidentiary value of the recovered documents are to be tested at trial, rather than rejected at the threshold on a preliminary view. Case-Laws VAT and Sales Tax Wed, 17 Aug 1966 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=144127