Chhattisgarh VAT: SCN issued after three calendar years from the date of Original Assessment Order are invalid

M/s Kishan Lal Vs Additional Commissioner Of Commercial Tax (Chhattisgarh High Court)

In the proviso (a) to sub-section (3) of Section 49 of the VAT Act an embargo has been created for the purpose that no proceeding initiating suo motu revision under Section 49 (3) shall be initiated after the expiry of three calendar years from the date of the order sought to be revised.

Since the orders sought to be revised, as stated in the show cause notices, were passed on 1-5-2009, 1-5-2010 and 22-1-2008, they were clearly beyond the prescribed time period of three years. When

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