AGGARWAL OVERSEAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of five appeals bearing VATAP Nos. 39, 48, 81, 88 and 90 of 2016, as common questions of law and facts are sought to be raised.

(2.) The assessee is in appeal before this Court against the order passed by the Value Added Tax Tribunal, Punjab (for short, 'the Tribunal). VATAP Nos. 39, 48, 81 and 88/2016 Assessment of the appellants in the present appeals for the assessment year 2007-08 was framed vide order dtd. 30/3/2012. Appeal filed against the order was dismissed by the 1st Appellate Authority vide order dtd. 11/3/2013. In further appeal, the Tribunal vide order dtd. 16/9/2013 (in VATAP No. 81 and 88 of 2013) and order dtd. 20/9/2013 (in VATAP No. 39 and 48), set aside the order passed by the 1st Appellate Authority and remitted the matter to the 1st Appellate Authority for passing a speaking order. The 1st Appellate Authority vide order dtd. 3/2/2014 had opined that the assessment has been made within the period of limitation and was not time barred. The appeal filed against the order dtd. 3/2/2014 was dismissed by the Tribunal on 5/11/2015. The aforesaid appeals have been filed raising the following substantial question of law:-

(3.) He further submitted that though amendment was carried out in Sec. 29(4) of the Act on 15/11/2013, vide Punjab Act No. 38 of 2013, extending the period for framing the assessment from 3 years to 6 years, however the same will not apply in the case of appellants. He fairly submitted that this is despite the fact that the aforesaid amendment has been held to be retrospective in nature but will be applicable only in pending proceedings. Reference was made to judgment of this court in Amrit Banaspati Company Limited vs State of Punjab and others (2016) 88 VST 372. He further referred to judgment of this Court in VATAP No. 84 of 2013 State of Punjab vs M/s Olam Agro India Limited, decided on 20/8/2013, whereby action of the State was held to be without jurisdiction. The Tribunal in that case had accepted the appeal of the assessee finding the assessments to be barred by time as the same were framed beyond 3 years from the last date of filing of returns and the Tribunal was not satisfied that there was any valid extension of period granted by the Commissioner. It was further submitted that Special Leave Appeal (c) No. 8185 of 2015 State of Punjab vs M/s Olam Agro India Limited, filed by the State was dismissed by Hon'ble the Supreme Court, on 8/5/2015, after the amendment had already been carried out in Sec. 29(4) of the Act. Reference was also made to order passed by this Court in VATAP No. 71 of 2014 State of Punjab and others vs M/s Chirag Industries, decided on 7/8/2015, whereby appeal filed by the State raising similar question of law was dismissed while referring to earlier judgment in M/s Olam Agro India Limited's case (supra). Mr. M. R. Sharma, learned counsel for the appellant appearing in VATAP No. 81 of 2016 submitted that as far as question nos. 2 to 5 are concerned, the same are covered against the assessee vide judgment of this Court in VATAP No. 176 of 2013 M/s A. B. Sugars Limited vs State of Punjab and another, decided on 21/9/2016.