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Case Law Details

Case Name : Kumagai Skanska HCC Itochu Group Vs The Commissioner of VAlue Added Tax & Another (Delhi High Court)
Appeal Number : W.P.(C) 974/2010
Date of Judgement/Order : 22/05/2012
Related Assessment Year :
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The impugned show cause notice dated 02.02.2010 could not have been issued under Section 46 of the Delhi Sales Tax Act, 1975. However, even if it is assumed that the impugned show cause notice was issued in exercise of the powers of revision under Section 74A of the DVAT Act, the period of limitation would be that which was in vogue when the said notice was issued. The period of limitation that would apply would, therefore, be the one prescribed under Section 74A(2)(b) of the DVAT Act. And, that being the case, as we have mentioned above, the impugned show cause notice dated 02.02.2010 is barred by time.

HIGH COURT OF DELHI 

Judgment delivered on: 22.05.2012

W.P.(C) 974/2010

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