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    <title>2018 (7) TMI 1766 - KERLA HIGH COURT</title>
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    <description>Section 25(1) of the Kerala Value Added Tax Act, 2003 was construed to require initiation of reassessment proceedings within five years from the close of the assessment year, because the words &quot;proceed to determine&quot; refer to the commencement of action by notice and not the final completion of assessment. The Court relied on the prior in pari materia interpretation under the Kerala General Sales Tax Act and held that subsequent amendments extending time for completion did not change the meaning of the unamended text. It also rejected resort to the mischief rule where the statutory language was clear. Notices issued beyond the five-year period were therefore barred and quashed.</description>
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    <pubDate>Thu, 05 Jul 2018 00:00:00 +0530</pubDate>
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      <title>2018 (7) TMI 1766 - KERLA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=364458</link>
      <description>Section 25(1) of the Kerala Value Added Tax Act, 2003 was construed to require initiation of reassessment proceedings within five years from the close of the assessment year, because the words &quot;proceed to determine&quot; refer to the commencement of action by notice and not the final completion of assessment. The Court relied on the prior in pari materia interpretation under the Kerala General Sales Tax Act and held that subsequent amendments extending time for completion did not change the meaning of the unamended text. It also rejected resort to the mischief rule where the statutory language was clear. Notices issued beyond the five-year period were therefore barred and quashed.</description>
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      <pubDate>Thu, 05 Jul 2018 00:00:00 +0530</pubDate>
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