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Reassessing time barred assessment based on subsequent CAG report not justifiable
Case Law Details
- Case Name
- State of Kerala Vs Chowdhary Rubber & Chemicals Pvt. Ltd (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Kerala High Court
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State of Kerala Vs Chowdhary Rubber & Chemicals Pvt. Ltd (Kerala High Court)
Kerala High Court held that revenue cannot proceed to re-assess, on the basis of subsequent CAG report, the assessment which was time barred by virtue of limitation provisions u/s. 25(1) of the KVAT Act.
Facts-The main issue that arises for consideration is whether notwithstanding the fact that the completion of an assessment under the Kerala Value Added Tax Act [hereinafter referred to as the “KVAT Act”] has become barred by limitation under Section 25(1) of the KVAT Act, the mere fact that a notice is issued...



