M/S Shubh Timb Steels Limited vs The State Of Punjab on 20 April, 2010
In Shubh Timb Steels Limited's case (supra), bunch of
References under the Act were decided. The main issue, which was
considered by this court was as under:
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1 - 7 of 7 (0.28 seconds)Jagatjit Sugar Mills vs State Of Punjab on 4 October, 1994
16. Learned counsel for the State submitted that under Section 11
(3) of the Act, as existed originally, there was no time limit prescribed for
framing of assessment, however, the same was amended on 20.4.1998.
Period of three years was provided for framing of assessment from the last
date of filing of returns for the year in question. The amendment was
effective w.e.f. 3.3.1998. The period involved in all the appeals is prior to
1998, however, in some cases, the assessments were framed before
3.3.1998, whereas in some cases these were thereafter. The Tribunal, while
accepting the appeal filed by the assessee, set aside the same only on the
ground that the same was framed more than 5 years after the close of the
assessment year, treating 5 years to be reasonable period for framing the
assessment. He submitted that judgment in M/s Shubh Timb Steel Ltd. and
others' case (supra) is distinguishable. The Tribunal, while setting aside the
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orders passed by the authorities below had recorded that there were no
exceptional circumstances for not framing assessment within reasonable
time, i.e., 5 years, whereas in the case in hand, these were available. The
matter regarding levy of purchase tax on the sugarcane by the sugar mills
was pending before Hon'ble the Supreme Court, which was decided on
4.10.1994, vide judgment in Jagatjit Sugar Mills and others v. State of
Punjab and another, (1995) 1 SCC 67. There was interim stay therein.
Commissioner Of Income-Tax vs Sadhu Ram on 8 February, 1980
Reliance was also placed upon CIT v. Sadhu Ram,
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(1981) 127 ITR 517 to submit that the amendment carried out in the year
1998 prescribing period of three years for framing of assessment will apply
in all pending cases.
State Of Punjab & Ors vs Bhatinda District Coop. Milk P. Union ... on 11 October, 2007
28. Relying upon the judgment of Hon'ble the Supreme Court in
State of Punjab v. Bhatinda District Coop. Milk P. Union Ltd., (2007) 10
VST 180, it was opined that assessments framed after 5 years from the last
date prescribed for filing of return were illegal, hence, set aside.
Punjab General Sales Tax Act, 1948
Morinda Co-Operative Sugar Mills Ltd. vs The Assessing Authority And Ors. on 10 July, 1995
31. The aforesaid statement is also not worth reliance as in the case
of M/s Morinda Co-operative Sugar Mills Ltd.'s case (supra), the
assessments for the years 1976-77 to 1979-80 were framed way back in the
year 1986, whereas CWP No. 661 of 1984 filed by it for the assessment year
1973-74 was pending in this Court. In the absence of any interim stay
granted by any court pertaining to the assessments for the year in question
will not extend the period to frame the same unreasonably.
Section 11C in Punjab General Sales Tax Act, 1948 [Entire Act]
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