Punjab-Haryana High Court
M/S Shreyans Industries Limited vs State Of Punjab And Others on 22 February, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
VATAP No. 63 of 2008
Date of decision 19.2.2009
M/s Shreyans Industries Limited ...Appellant
Versus
State of Punjab and others ... Respondents.
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE H.S. BHALLA
Present: Mr. Aman Bansal,Advocate for the appellant
Mr.Piush Kant Jain, Addl. AG Punjab
1. Whether Reporters of local papers may be allowed to see the judgement ?
2. To be referred to the Reporter or not ?
3. Whether the judgement should be reported in the Digest ?
M.M.KUMAR, J.
This order shall dispose of VATAP Nos. 62 and 63 of 2008 which relates to the assessment years 2000-01 and 2002-03. The substantial questions of law which have been raised in these appeals were also raised by the appellant itself in VATAP No.16 of 2008 which has been decided on 26.9.2008. The judgement is now reported with the title as M/s Shreyans Industries Limited v. State of Punjab 2008 (32) PHT 485 (P&H) wherein the Division has considered the question whether exercise of power of extension of time after the assessment having become time barred was permissible and if so what procedure was required to be followed and what are the parameters for extension of time. The aforesaid question has been answered against the revenue and in favour of the appellant by following a judgement of the Karnataka High Court in the case of Bharat Heavy electricals Ltd. V. Assistant Commissioner of Commercial Taxes (INT 1), South Zone, Banglore and others (2006) 143 STC 10 (Kant.) Having heard learned counsel we find that both the appeals deserves to be accepted as the matter is covered by the Division Bench judgement of this Court rendered in the case of the assessee itself. Accordingly both the appeals are allowed in terms of the Division Bench judgement in the case M/s Shreyans Industries Limited (supra).
A copy of this order be placed on the file of connected case.
(M.M.Kumar) Judge (H.S. Bhalla ) 19.2.2009 Judge okg