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february 1967

Supreme Court of India · 1967-02-28

STATE OF PUNJAB & ORS. vs M/S. TARA CHAND LAJPAT RAI

Citation / case number
SC 1965/202
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB & ORS.
Respondent
M/S. TARA CHAND LAJPAT RAI
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that the order of the Assessing Authority could not be deemed to fall under Section 11(4) of the Punjab General Sales Tax Act, 1948, as the condition precedent for such an order was not met. Even if it were considered under Section 11(4), the assessment proceedings initiated within the prescribed time rendered the order immune to limitation challenges. The Court clarified that assessment proceedings commence upon the issuance of a notice under Section 11(2) and continue until a final order is made, thus upholding the validity of the order despite its issuance after the prescribed period.

STATE OF PUNJAB & ORS. vs M/S. TARA CHAND LAJPAT RAI · Niyam