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J. B. PARDIWALA, SANDEEP MEHTA
Shiv Steels – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. case details of dismissed writ petition. (Para 3 , 4) |
| 2. appellant's argument on time-barred assessments. (Para 5 , 10) |
| 3. court's analysis of legal provisions. (Para 6 , 7 , 11 , 13) |
| 4. taxation strict adherence to statutory provisions. (Para 12 , 14) |
| 5. appeal allowed; high court order set aside. (Para 15 , 16) |
ORDER
2. For the sake of convenience, we take up the Civil Appeal No. 4440 of 2014 as the lead matter.
4. In the present case, we are concerned with the assessment years 2003-2004, 2004-2005 and 2005-2006 respectively.
6. The petitioner being dissatisfied by the fresh assessment challenged the same before the High Court.
Reassessments of tax require strict adherence to statutory time limits; prior assessments declared time-barred cannot be reassessed under a different provision without proper adherence to the law.
Section 21 provides for self-assessment of returns filed under Section 20.
The assessment of sales tax must adhere to statutory time limits, and completed assessments initiated without proper notice are deemed invalid.
Assessment under tax laws must adhere to prescribed limits and requirements; jurisdictional lapses invalidate reassessment. A notice lacking 'reason to believe' is insufficient.
The new scheme of reassessment under the Finance Act, 2021 applies to all notices issued after 01.04.2021, and extended time limits for issuing notice under section 148 cannot be used to reopen asses....
Retrospective amendments to tax legislation must not infringe upon accrued rights or create unfair disadvantages for assessees, ensuring reasonable time limits for assessments.
The main legal point established is that re-assessment under Section 40 of the Assam Value Added Tax Act, 2003 requires an existing assessment under Sections 34, 35, 36, or 37, and failure to submit ....
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