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Query No. 1
Quite a few of my clients
have been receiving notices for assessment for the periods 2000-01, 2001-02,
2002-03 and 2003-04, despite the fact that the assessment for all these years
are now time barred, under the express provisions of section 33(4A) of BST Act,
1959.
In my view, the assessment
orders passed after the period of limitation would be bad in law and as such of
no effect.
The concerned officers say
that they have been directed by their superiors to issue notices and pass the
assessment order by March, 2008.
The question is, whether the
Sales Tax Department is justified in law to do so or whether there is any
amendment in section 33(4A), enabling them to do so.
Kindly clarify the issue and
oblige.
H. P. Bhuta
Reply
In this respect reference is
required to be made to newly inserted section 33(4-1B). As per said section for
period from 1999-2000 till 31-3-2003 the limitation is increased to 5 years.
Therefore, the time barred assessments be seen in light of the above new time
limit. The application of section 33(4A) also depends upon the returns filing.
If returns are in time then only section 33(4A) and time limit will apply,
otherwise longer period is available. |
