N.K. TRADING COMPANY Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition pertains to the assessment year 2011-12 under the Kerala Value Added Tax Act [hereinafter referred to as the "KVAT Act"], and the petitioner is aggrieved by the order dtd. 28/11/2022 of the Kerala Value Added Tax Appellate Tribunal in T.A. (VAT).No.73 of 2020 that decided issues including the issue of limitation against the petitioner. In the Revision Petition before us, the following questions of law are raised:

(2.) The self assessment by the petitioner/assessee for the assessment year 2011-12 was sought to be re-opened by the Assessing Authority in terms of Sec. 25(1) of the KVAT Act by a notice dtd. 24/1/2018. As per the provisions of Sec. 25(1) of the KVAT Act as it stood then, the Assessing Authority had time only upto 31/3/2017 to issue the notice for assessment of escaped turnover, and in this case, the notice was issued only on 24/1/2018. The Assessing Authority however proceeded to complete the assessment in relation to the petitioner for the said assessment year by passing an order dtd. 9/7/2018.

(3.) In appeal proceedings pursued by the petitioner/assessee, initially before the First Appellate Authority and thereafter before the Appellate Tribunal, although the petitioner raised a contention regarding limitation, the same was rejected by the authorities. It is therefore that the petitioner is before us in this O.T. Revision impugning the order of the Appellate Tribunal inter alia on the issue of limitation.