2024 (11) TMI 1648

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....(Ext.P1). The petitioner filed a reply to Ext. P1 pre-assessment notice issued on 16.02.2021. However, the officer proceeded to complete the assessment by order dated 27.07.2021 and the order of assessment is on record as Ext. P2. It is the case of the petitioner that Ext. P2 order of assessment is clearly beyond the period of limitation prescribed under Section 25 of the KVAT Act and therefore, is liable to be quashed. 2. The learned counsel appearing for the petitioner placed considerable reliance on the judgment of the Supreme Court in The Assistant Commissioner (Assessment) and Others v. M/s. Cholayil Pvt. Ltd. [2023 KLT OnLine 2304(SC)]. It is submitted that the reading of the judgment of the Supreme Court in M/s. Cholayil Pvt. Ltd.....

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....K. Trading Company (supra) do not take the view that the proceedings have not only to be commenced but have also to be completed within the period of 6 years. It is submitted that the period of 6 years mentioned in Section 25(1) of the KVAT Act in so far as it relates to assessment year 2014-15 expires on 31.03.2021 and admittedly in the facts of the present case the notice for initiation of proceedings was issued prior to that date. It is submitted that in such circumstances, there is no ground made out for interference with Ext. P2 on the ground that it is issued beyond the period of limitation. 4. Having heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader, I am of the view that the petition....