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.