Extension Order for the year 2007-08 passed by the Commissioner for framing an assessment after the period of 3 years was set aside by the Hon’ble Punjab VAT Tribunal, Chandigarh
Assessment plays vital role under the Punjab Value Added Tax Act, 2005 and the period for framing an assessment is 3 years from the date of filing of an annual statement i.e. 20th of November but the power conferred to extend the period for framing an assessment after the 3 years has its own importance as the commissioner can extend the time period upto 6 years from the date of filling of annual statement but this power can only be exercised where circumstances so warrant so the legislature has given this power to the commissioner for extending the period under some special circumstances but this power cannot be exercised after the period of 3 years if the orders for extension will be passed after the lapse of 3 years then it has no legal sansity beside this if commissioner want to extend the time under the “circumstances so warrant” such circumstances could be that the assessment Proceedings remained stayed under order of the High Court or any competent authority or that some enquiry was pending, which could not be completed before the expiry of limitation period or that some information was being collected from certain sources or that some natural calamity had obstructed the Designated Officer to proceed further in the matter and so on. These powers cannot be exercised as a matter of routine or convenience or to cover up the lackadaisical attitude or dalliance or laying of the Designated Officer power of framing of assessment. The Ld. Commissioner is under an obligation to serve notice on the appellant as per Rule 86 of the Punjab Value Added Tax Rules, 2005, but the same was not followed and the practice under the Punjab Value Added Tax Act, 2005 for framing an assessment after the period of 3 years was challenged for the year 2007-08 in the case of M/s Aman Enterprises vs. State of Punjab and the same was decided vide order dated 04.05.2012 in favour of appellant. Copy of the order is enclosed.
J S BEDI Advocate
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