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november 1967

Supreme Court of India · 1967-11-24

REGIONAL ASSISTANT COMMISSIONER OF SALES TAX,INDORE vs MALWA VANASPATI & CHEMICAL COMPANY LTD.

Citation / case number
SC 1966/60088
Court
Supreme Court of India
Petitioner
REGIONAL ASSISTANT COMMISSIONER OF SALES TAX,INDORE
Respondent
MALWA VANASPATI & CHEMICAL COMPANY LTD.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 10 of the Madhya Bharat Sales Tax Act, 1950, the assessment proceedings must be initiated within three years of the assessment year if there is an escaped assessment. However, if a return has been filed, the proceedings remain pending until a final order is made, and thus the notice under Section 8(2) is merely a procedural step. The Court clarified that the absence of a time limit for completing the proceedings means the Assessing Authority can finalize the assessment without time restrictions, affirming the High Court's decision.

REGIONAL ASSISTANT COMMISSIONER OF SALES TAX,INDORE vs MALWA VANASPATI & CHEMICAL COMPANY LTD. · Niyam