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july 2022

Supreme Court of India · 2022-07-11

COMMISSIONER OF SALES TAX ORISSA vs M/S ESSEL MINING AND INDUSTRIES LTD.

Citation / case number
SC 2018/29294
Court
Supreme Court of India
Petitioner
COMMISSIONER OF SALES TAX ORISSA
Respondent
M/S ESSEL MINING AND INDUSTRIES LTD.
Author
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 42(6) of the Orissa Value Added Tax Act, 2004, focusing on the timing and authority of the Commissioner in extending the audit assessment period. The court ruled that the Commissioner must exercise the power to extend the time before the Assessing Authority's period expires and clarified that post-facto extensions or ratifications of assessments made beyond the stipulated time are not permissible. The outcome reinforced the statutory limits on the powers of the Commissioner regarding assessment timelines.

COMMISSIONER OF SALES TAX ORISSA vs M/S ESSEL MINING AND INDUSTRIES LTD. · Niyam