KRAFT HYDROTEC PVT. LTD., 162, 5TH A CROSS, BOMMASANDRA INDUSTRIAL AREA, BANGALORE-99 BY ITS DIRECTOR S. HALDAR Vs. THE COMMERCIAL TAX OFFICER (AUDIT-41) DVO-4, VANIJYA THERIGE KARYALAYA-2 KORAMANGALA, BANGALORE-47, THE COMMISSIONER OF COMMERCIA

JUDGEMENT

(1.) THE order at Annexure -A passed under Section 9(2) of CST Act, 1956, dated 7.7.2011, is called in question in these writ petitions on the ground that the said order is passed beyond the period of limitation.

(2.) THE petitions deserve to be allowed in view of the limitation prescribed under Section 40 of the Karnataka Value Added Tax Act (for short hereinafter referred to as the 'Act'). Section 40(1)(a) of the Act prior to its amendment i.e., prior to 1.4.2011, prescribed the limitation of five years, for an assessment under Section 38 of the Act or reassessment under Section 39 of the Act, in respect of the tax due in respect of prescribed period. Now the period of limitation is reduced to 4 years by Act No. 12/2011 w.e.f. 1.4.2011.

(3.) PETITIONS are allowed accordingly.