2026-VIL-558-KER
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VAT High Court Cases

Kerala Value Added Tax Act, 2003 - Limitation Period for Assessment – Retrospective Application of Amendment – Whether the assessment proceedings initiated by notice issued on 25.01.2018 for the assessment year 2011-12 are barred by limitation under the unamended provisions of Section 25(1) of the KVAT Act - Whether the amendment introduced by the Kerala Finance Act, 2017 has retrospective effect to extend the limitation period for assessments where the original period had already expired – HELD - The amendment made to Section 25(1) of the KVAT Act by the Kerala Finance Act, 2017 does not have retrospective operation and applies only prospectively with effect from 01.04.2017. The substitution of the expression "proceed to determine" in place of "complete the assessment" in the third proviso indicates the clear legislative intent to mandate assessing authorities to complete proceedings initiated under Section 25(1) within the stipulated time frame. For the assessment year 2011-12, the original limitation period of five years expired on 31.03.2017. The third proviso extended this period only up to 31.03.2018 for assessments where the original period had expired by 31.03.2017. Since the notice was issued only on 25.01.2018, which is after the expiry of the prescribed period of five years from the end of the relevant assessment year, the assessment proceedings are time barred - The decision in Assistant Commissioner (Asst) v. Cholayil Pvt. Ltd. and other precedents have settled that the law operates prospectively and does not permit reopening of assessments beyond the prescribed limitation period – The assessment order issued beyond the limitation period is rendered invalid and without jurisdiction - Writ petition is disposed of
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