2026-VIL-207-JHR
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VAT High Court Cases

Jharkhand VAT Act, 2005 - Section 40 of the Jharkhand VAT Act, 2005 - Limitation period for reassessment proceedings - The reassessment orders were passed several years after the original assessment orders - Petitioners contended that the reassessment proceedings were barred by limitation under Section 40(2) of the JVAT Act - Whether the reassessment proceedings initiated by the tax authorities were barred by the limitation period prescribed under Section 40(2) of the JVAT Act – HELD - The issue is squarely covered by its earlier judgment in Jharkhand Ispat Pvt. Ltd. v. State of Jharkhand, wherein it was held that the period of limitation prescribed under Section 40(2) of the JVAT Act for initiating reassessment proceedings is mandatory and cannot be extended even in cases where there is an allegation of fraud, willful suppression or misrepresentation by the dealer – A taxing statute is to be strictly construed, and there is no room for any equitable construction. The period of limitation under Section 40(2) is clear and unambiguous, and does not provide for any exception or extension of the limitation period. The JVAT Rules require the dealer to maintain records only for a period of 5 years, and if the reassessment proceedings can be initiated beyond this period, it would render the dealer incapable of defending the proceedings due to the unavailability of records - The reassessment proceedings initiated by the tax authorities in all the writ petitions were barred by limitation under Section 40(2) of the JVAT Act, and accordingly, quashed. The impugned reassessment orders and demand notices issued to the petitioners are set aside – The writ petitions are allowed
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