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    <title>2023 (8) TMI 786 - JHARKHAND HIGH COURT</title>
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    <description>A taxing statute&#039;s reassessment power remains confined by its statutory scheme, and section 42(3) of the Jharkhand Value Added Tax Act was read as only relaxing the reasons-to-believe requirement for audit-objection cases, not creating an unlimited fresh power. Reassessment under that provision therefore remained subject to the five-year outer limit in section 40(4), and the Court treated that period as the governing reasonable time where section 42(3) is silent on limitation. The writ petitions were held maintainable because the challenge was jurisdictional and limitation-based. The Supreme Court&#039;s pandemic-era limitation-extension orders were held inapplicable to original adjudication and reassessment proceedings.</description>
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    <pubDate>Wed, 09 Aug 2023 00:00:00 +0530</pubDate>
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      <title>2023 (8) TMI 786 - JHARKHAND HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=441807</link>
      <description>A taxing statute&#039;s reassessment power remains confined by its statutory scheme, and section 42(3) of the Jharkhand Value Added Tax Act was read as only relaxing the reasons-to-believe requirement for audit-objection cases, not creating an unlimited fresh power. Reassessment under that provision therefore remained subject to the five-year outer limit in section 40(4), and the Court treated that period as the governing reasonable time where section 42(3) is silent on limitation. The writ petitions were held maintainable because the challenge was jurisdictional and limitation-based. The Supreme Court&#039;s pandemic-era limitation-extension orders were held inapplicable to original adjudication and reassessment proceedings.</description>
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      <pubDate>Wed, 09 Aug 2023 00:00:00 +0530</pubDate>
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