Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Trade Tax Act proviso as amended on 30.4.2001 -Assessment year 1990-91. - Whether the show cause notice issued u/s.21(2) on 13.3.2002 seeking reassessment in respect of assessment year 1990-91 of which the assessment was completed on 25. 3. 1995 is valid o and acceptable in Jaw 1948: s.21(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Trade Tax Act, 1948: s.21(2), proviso as amendedon 30.4.2001 -Assessment year 1990-91. - Whether theshow cause notice issued u/s.21(2) on 13.3.2002 seekingreassessment in respect of assessment year 1990-91 ofwhich the assessment was completed on 25. 3. 1995 is validand acceptable in Jaw- Held: For the purpose of limitation uls.21(1) and the first proviso, the period of limitation is to becounted from the end of the relevant _assessment year i.e.31.3.1991 - The proviso was amended on 30.4.2001 andthe previous provision that contained the words "eight yearsfrom the end of such year" were substituted by "six years fromthe end of such year or March 31, 2002 whichever is later" -By virtue of amendment, the assessment or reassessmentcannot be made after expiry of six years and it would notmean that the assessment can be made by 31.3.2002 irrespective of assessment year, for that would be contrary tothe requisite intent of the legislature- Therefore, the initiationof reassessment was not valid being barred by limitation.Tax/Taxation: Applicability of the Jaw- Held: The law in force in the assessment year is to be applied unless there isan amendment which comes into force having retrospectiveoperation. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 1021 |
Petitioner | Commercial Motors Ltd. |
Respondent | Commissioner Of Trade Tax U.p., Lucknow & Others |
SCR | [2015] 9 S.C.R. 1036 |
Judgement Date | 2015-09-11 |
Case Number | 622-623 |
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