- (1.) Heard the learned counsel for the respective parties.
(2.) The petitioner has assailed the order of reassessment passed by respondent No.1 under Section 39(1) of the Karnataka Value Added Tax Act, 2003 and the consequential notice of demand both dated 30.05.2018, primarily on the ground that the reassessment order impugned, is barred by limitation.
(3.) The petitioner is a Private Limited Company incorporated under the provisions of the Companies Act, 1956 and registered under the provisions of the Karnataka Value Added Tax Act, 2003 ('Act' for short). The petitioner is engaged in the execution of works contract of construction of residential/commercial building for sale. The Deputy Commissioner of Commercial Taxes (Assessing Authority) had passed an order of re-assessment dated 16.01.2010 under Section 39(1) of the Act relating to the tax periods April, 2007 to September, 2007 levying tax on certain receipts. Being aggrieved, the petitioner had preferred appeals before the First Appellate Authority under Section 62 of the Act. The appeals filed by the petitioner came to be allowed vide order dated 31.05.2010. Pursuant to the said order, the Additional Commissioner of Commercial Taxes (Revisional Authority) exercising power under Section 64(1) of the Act, initiated the suo-moto revision proceedings and the same came to be dropped in terms of the order dated 13.06.2012. Subsequently, respondent No.2 - Commissioner of Commercial Taxes initiated proceedings under Section 64(2) of the Act and passed an order on 17.07.2014 setting aside the orders passed by the First Appellate Authority as well as the Revisional Authority under Section 64(1) of the Act and the case was remanded to the Assessing Authority for re-verifying the taxable contract receipts for the period April and May, 2007 and re-do the assessment de-novo in the light of the observations made in the SMR order and as per law. Consequent to the said order, the Assessing Authority has passed the re-assessment order dated 30.05.2018 and issued the demand notice in terms of the tax liability quantified. Being aggrieved by the said order of re-assessment dated 30.05.2018 and the demand notice, the petitioner is before this Court.;