CAV JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 06-02-2024 The identical petitioner in the writ petitions challenges the order of reassessment passed in the years 2005- 06 and 2006-07, as barred by limitation under Section 31 of the Bihar Value Added Tax Act, 2005 (for brevity, the VAT Act), which reassessment order was passed in the year 2018.

2. We have to first deal with the facts arising in the individual cases. For the assessment year 2005-06, the impugned notice dated 23.03.2018 issued by the Department for reassessment is produced as Annexure-6. The petitioner had filed its return for the period 2004-06 on the due date, and as per the VAT Act, there is a self-assessment made unless it is taken up for reassessment within the limitation period provided under the statute.

3. The petitioner was issued with a show-cause notice within the limitation period, based on an objection raised on audit. The petitioner replied to the same and produced the books of accounts before the Assessing Officer. The Assessing Officer, respondent no. 2, after perusal of the records, found that there is true and fair disclosure of the purchases and sales in the books of accounts. The audit objecti