STATE OF PUNJAB & ORS. versus M/S. SHREYANS INDUS LTD. ETC.

STATE OF PUNJAB & ORS. versus M/S. SHREYANS INDUS LTD. ETC.

Once the period of limitation prescribed in Punjab General Sales Tax Act for passing assessment order expires, the Commissioner is debarred from exercising his power to extend assessment time under Section 11(10). Extension must occur within limitation period; after expiry, right to assess extinguishes and assessee gains valuable immunity.

Parties
Appellant: STATE OF PUNJAB & ORS.; Respondent: M/S. SHREYANS INDUS LTD. ETC.
Jurisdiction
India
Judgment Date
04 March 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Assessment Order Limitation, Extension of Assessment Period, Commissioner's Powers
Tax Law Assessment Order Limitation Extension of Assessment Period Commissioner's Powers

Case Brief

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Parties

STATE OF PUNJAB & ORS.

Appellant

M/S. SHREYANS INDUS LTD. ETC.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Commissioner can extend time for passing assessment order under Punjab General Sales Tax Act, 1948 Section 11(10) after expiry of limitation period

Ratio Decidendi

Once the period of limitation prescribed in Punjab General Sales Tax Act for passing assessment order expires, the Commissioner is debarred from exercising his power to extend assessment time under Section 11(10). Extension must occur within limitation period; after expiry, right to assess extinguishes and assessee gains valuable immunity.

Court Disposition

Appeals dismissed

Orders

  • All appeals dismissed; parties to bear own costs.