https://www.taxtmi.com/caselaws?id=757138 A reassessment under Section 40 of the Assam Value Added Tax Act, 2003 cannot be initiated unless there is a valid prior assessment or a deemed self-assessment under Section 35. Because the monthly returns for the relevant year were not filed within time, no deemed self-assessment arose in law, and Section 40 could not be used as a jurisdictional basis. The court further held that the assessment for 2014-2015 was barred by limitation under Section 39. The reassessment order and demand notice were therefore quashed in favour of the assessee. en-us Wed, 12 Jun 2024 00:00:00 +0530 Fri, 16 Aug 2024 15:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757138 A reassessment under Section 40 of the Assam Value Added Tax Act, 2003 cannot be initiated unless there is a valid prior assessment or a deemed self-assessment under Section 35. Because the monthly returns for the relevant year were not filed within time, no deemed self-assessment arose in law, and Section 40 could not be used as a jurisdictional basis. The court further held that the assessment for 2014-2015 was barred by limitation under Section 39. The reassessment order and demand notice were therefore quashed in favour of the assessee. Case-Laws VAT and Sales Tax Wed, 12 Jun 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757138