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Extension of sales tax filing period

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Though the sales tax authorities have the power to extend the date for filing returns, the extension should be done before the expiry of the deadline, the Supreme Court has stated in a large batch of appeals, State of Punjab vs Shreyans Industries Ltd. In these matters, the revenue authorities sent notices to the firms after the expiry of three years. The assessees objected to it arguing that the notices were sent beyond the period of assessment and, therefore, it was not permissible to issue notices after the expiry of three years and carry on with the assessment proceedings. The Punjab and Haryana High Court agreed with them. The appeal of the state government was dismissed noting that there are similar provisions in the Karnataka and Gujarat sales tax laws. The commissioner has the power to extend the date, but it should be done giving adequate reasons in writing. The judgment stated that “ once the period of limitation expires, the immunity against being subject to assessment sets in and the right to make assessment gets extinguished. Therefore, there would be no question of extending the time for assessment when the assessment has already become time barred. A valuable right has also accrued in favour of the assessee when the period of limitation expires. If the Commissioner is permitted to grant the extension even after the expiry of original period of limitation prescribed under law, it will give him right to exercise such a power at any time even much after the last date of assessment.”
Business Standard, New Delhi, 14th March 2016

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