Revenue Cannot Re-Assess Time Barred Assessment Under KVAT Act Based On CAG Report: Kerala High Court
2 days, 20 hours ago

Revenue Cannot Re-Assess Time Barred Assessment Under KVAT Act Based On CAG Report: Kerala High Court

Live Law  

The Kerala High Court stated that revenue cannot re-assess time barred assessment under KVAT Act based on CAG report. Jayasankaran Nambiar and Easwaran S. observed that “there cannot be an exercise of power under Section 25A of the KVAT Act beyond the period of limitation prescribed under Section 25 of the KVAT Act. The Appellate Tribunal uphold the contention of the Revenue that re-assessment proceedings initiated under Section 25A of the KVAT are not subject to the limitation period prescribed under Section 25 of the KVAT Act. The bench held that in cases where the completion of an assessment under the KVAT Act has become time barred by virtue of the limitation provisions under Section 25 of the KVAT Act, the Revenue cannot proceed to re-assess an assessee on the basis of a subsequent report obtained from the CAG.

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History of this topic

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court
1 month, 1 week ago

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court

Live Law  

The Andhra Pradesh High Court has held that pleadings relating to suppression of material facts, in an assessment order are the sine qua non for invoking section 21; by way of which limitation for filing an assessment order is extended to 6 years from 4 years. "There is nowhere any mention of suppression of facts, much less, wilful suppression of …

Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court
4 months ago

Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court

Live Law  

The Kerala High Court stated that the department cannot reopen an assessment that has already been settled by issuing a fresh notice if the period of limitation had expired before the date of the amendment extending the timeline for reopening. Jayakumar observed that “…….no doubt, in those cases where the erstwhile period of limitation of five years had already expired …

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court
4 months ago

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court

Live Law  

S.153C Income Tax Act doesn't bar AO's jurisdiction to reopen assessment u/S 147 when information against assessee is received from search conducted on another person: Delhi High CourtThe Delhi High Court has held that Section 153C of the Income Tax Act, 1961 does not by itself preclude an Assessing Officer from reopening assessments under Section 147/148 of the Act, on …

Indirect Tax Cases Monthly Round Up: June 2024
8 months, 3 weeks ago

Indirect Tax Cases Monthly Round Up: June 2024

Live Law  

Bombay High Court Non-Communication Of SCN To Call Book Is Fatal; Bombay High Court Quashes SCNs Against ICICI Home Finance Citation: 2024 LiveLaw 305 Case Title: ICICI Home Finance Company Ltd. Slump Sale Doesn't Amount To Sale Of Goods Within MVAT Act: Bombay High Court Citation: 2024 LiveLaw 306 Case Title: Piramal Enterprises Limited Versus The State of Maharashtra The …

Statutory Scheme Determining Taxable Turnover Of Works Contract Under KVAT Act Doesn't Suffer From Any Defect: Kerala High Court
9 months ago

Statutory Scheme Determining Taxable Turnover Of Works Contract Under KVAT Act Doesn't Suffer From Any Defect: Kerala High Court

Live Law  

The Kerala High Court has held that the statutory scheme for determining the taxable turnover of a works contract under the Kerala Value Added Tax Act does not suffer from any defect so as to render it unworkable to effectuate the charge to tax on a works contract. The assessee contended that in the absence of a machinery provision in …

Final Assessment Made By AO After Expiry Of One Month Of Receiving Directions From Dispute Resolution Panel, Is Time Barred: Chennai ITAT
10 months ago

Final Assessment Made By AO After Expiry Of One Month Of Receiving Directions From Dispute Resolution Panel, Is Time Barred: Chennai ITAT

Live Law  

The Chennai ITAT recently held that the final assessment order dated Nov 21, 2017 passed after expiry of one month from the end of the month in which the DRP directions were received by the Revenue is barred by limitation and hence, “passed wholly without jurisdiction and therefore, null in the eyes of law”. Section 144C of Income tax Act …

Sales-Tax Exemption Certificate Has Overriding Effect Over VAT Notification: Karnataka High Court
1 year, 8 months ago

Sales-Tax Exemption Certificate Has Overriding Effect Over VAT Notification: Karnataka High Court

Live Law  

The Karnataka High Court has held that the sales tax exemption certificate is valid for 7 years and could not have been rescinded before the period of eligibility expired as it is a sovereign assurance.The bench of Justices P.S. The Government of Karnataka issued a notification dated November 12, 1999, under Section 8-A of the Karnataka Sales Act, 1957, exempting …

In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court
2 years, 4 months ago

In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court

Live Law  

The Madras High Court has held that the criminal investigation wing is separate and distinct from the assessment wing and that disclosure made before one wing will not exonerate the assessee from the requirement of making a "full and true disclosure" before the assessing officer in an assessment.The single bench of Justice Anitha Sumanth has observed that in the absence …

Tax Cases Weekly Round-Up: 28 August To 3 September, 2022
2 years, 6 months ago

Tax Cases Weekly Round-Up: 28 August To 3 September, 2022

Live Law  

Delhi High Court Case Title: Rithala Education Society Versus Union Of India Citation: 2022 LiveLaw 816 The Delhi High Court held that the significance of issuing a show cause notice prior to issuing a re-assessment notice has been lost because the order under Section 148A of the Income Tax Act was made without taking into account the detailed reply filed …

No Legislative Competence To Amend KVAT Act After Introduction Of GST Act: Kerala High Court
2 years, 6 months ago

No Legislative Competence To Amend KVAT Act After Introduction Of GST Act: Kerala High Court

Live Law  

The Kerala High Court has held that legislative competence to amend the Kerala Value Added Tax Act after the introduction of the GST Act is impermissible. The issue raised was whether the amendment made by the Finance Act, 2018 to the KVAT Act by which a one-year extension was given for initiating assessment w.e.f from 01.04.2018 has legislative competence. Yet …

Reassessment Proceedings Not Time Barred When Time Limit Increased Retrospectively Under Income Tax Act: ITAT
3 years, 1 month ago

Reassessment Proceedings Not Time Barred When Time Limit Increased Retrospectively Under Income Tax Act: ITAT

Live Law  

The Mumbai Bench of ITAT, comprising of members Pramod Kumar and Suchitra Kamble, has held that reassessment proceeding cannot be held time barred when an amendment increasing limitation of time is expressly stated to be retrospective. The CIT held that even though the period for reopening the assessment in case of income from foreign assets, vide amendment of section 149, …

GST Amendment Does Not Take Away Power Of States To Proceed Against Pre-Existing VAT Liability : Kerala HC [Read Judgment]
6 years, 1 month ago

GST Amendment Does Not Take Away Power Of States To Proceed Against Pre-Existing VAT Liability : Kerala HC [Read Judgment]

Live Law  

Dismissing a batch of writ petitions, the High Court of Kerala has repelled the challenge to the constitutional validity of Section 174 of the Kerala Goods and Services Tax 2017, which reserved the power to state to proceed against pre-existing liabilities under Kerala Value Added Tax Act 2003.The petitioners were assessees, who were issued notices for assessment,. Dismissing a batch …

Reassessment Order Under VAT Act Passed After GST Rollout Can’t Be Considered Void, Says K’taka HC [Read Order]
6 years, 4 months ago

Reassessment Order Under VAT Act Passed After GST Rollout Can’t Be Considered Void, Says K’taka HC [Read Order]

Live Law  

In this case, the reassessment order pertained to year 2012-13The Karnataka High Court has held that merely because a reassessment order is passed under the Value Added Tax law after coming into force of the GST regime, it would not make that reassessment order void in the eyes of law.“The taxable event under the Value Added Tax law is individual …

Extension of Limitation Period For Reassessment By Amendment Cannot Have Automatic Retrospective Operation To Affect Concluded Assessments: Kerala HC [ Read Judgment]
6 years, 6 months ago

Extension of Limitation Period For Reassessment By Amendment Cannot Have Automatic Retrospective Operation To Affect Concluded Assessments: Kerala HC [ Read Judgment]

Live Law  

"The right accrued to an assessee, after the expiry of the period of limitation, not to be assessed or re-assessed can be meddled with only by an amendment, expressed or implied to be retrospective"In a significant judgment in taxation laws, the High Court of Kerala held that assessments under the Kerala Value Added Tax Act 2003 cannot be re-opened beyond …

Extension of Limitation Period For Reassessment By Amendment Cannot Have Automatic Retrospective Operation To Affect Concluded Assessments: Kerala HC [ Read Judgment]
6 years, 6 months ago

Extension of Limitation Period For Reassessment By Amendment Cannot Have Automatic Retrospective Operation To Affect Concluded Assessments: Kerala HC [ Read Judgment]

Live Law  

"The right accrued to an assessee, after the expiry of the period of limitation, not to be assessed or re-assessed can be meddled with only by an amendment, expressed or implied to be retrospective"In a significant judgment in taxation laws, the High Court of Kerala held that assessments under the Kerala Value Added Tax Act 2003 cannot be re-opened beyond …

Sales Tax; Time for assessment cannot be extended when the assessment has already become time barred: SC [Read Judgment]
9 years ago

Sales Tax; Time for assessment cannot be extended when the assessment has already become time barred: SC [Read Judgment]

Live Law  

Supreme Court, in State of Punjab Vs. M/s. Shreyans Indus Ltd., has held that power of the Sales Tax Commissioner to extend the time to pass an order on assessment is to be exercised before the normal period of assessment expires.Three Judge Bench of the Apex Court comprising of Chief Justice of India T.S. In this case, when the last …

NCLT Kochi: Section 238 Of IBC Has Overriding Powers Over The Karnataka Value Added Tax Act Of 2003 And Its Proceedings
21 years, 5 months ago

NCLT Kochi: Section 238 Of IBC Has Overriding Powers Over The Karnataka Value Added Tax Act Of 2003 And Its Proceedings

Live Law  

The National Company Law Tribunal, Kochi Bench comprising of Justice T Krishna Valli and Shri. Shyam Babu Gautam, dismissed an appeal filed in Deputy Commissioner, Works Contract, Kerala State Goods and Services Department, Ernakulam vs. Vinod Balachandran FCA, Liquidator challenging Liquidator’s rejection of the claim in the liquidation proceedings of the Albanna Engineering Pvt. The Tribunal held that the Supreme …

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