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Civil · Reportable judgment

M/s Shiv Steels vs The State of Assam & Ors.

Court
Supreme Court of India
Date
11 September 2025
Case No.
Civil Appeal No. 4440 of 2014
Result
Allowed
Bench
J.B. Pardiwala, Sandeep Mehta
Citation
[2025] 9 S.C.R. 1069 : 2025 INSC 1126
Acts & Sections
Assam General Sales Tax Act, 1993
Supreme Court Reports [2025] 9 S.C.R. 1069 : 2025 INSC 1126
Issue for consideration
Issue arose whether the High Court was right in holding that although the earlier assessments for the three years were held to be time-barred, yet, the revenue having obtained appropriate sanction from the Commissioner, the limitation thereafter would be governed by s.21 of the Assam General Sales Tax Act, 1993.
Headnote

Assam General Sales Tax Act, 1993 – ss.19, 21 – Time limit for completion of assessment and re-assessments – Assessment in certain cases – Earlier assessments for the three years held to be time-barred, yet, the revenue having obtained appropriate sanction from the Commissioner, the limitation thereafter would be governed by s.21, upheld by the High Court – Correctness:

Held: In construing fiscal statutes and in determining the liability of a subject to tax one must have regard to the strict letter of law – If, the case is not covered within the four corners of the provisions of the taxing statute, no tax can be imposed by inference or by analogy or by trying to probe into the intentions of the legislature and by considering what was the substance of the matter – On facts, assessments undertaken for the three years were already held to be invalid because of being time barred, in view of s.19 – Later, by virtue of obtaining sanction from the Commissioner, the revenue could not have taken recourse to s.21 to say that the reassessment within four years is permissible with prior sanction from the Commissioner – s.21 would apply only in cases where no assessment has been made under any of the provisions of the Act within the time limits specified in s.19 – Interpretation of the two provisions by the High Court completely incorrect, and the order passed by the High Court set aside. [Paras 12-14]

Keywords: Time limit for completion of assessment and re-assessments · Assessment in certain cases · Assessment time-barred · Sanction from the Commissioner · Limitation · Construing fiscal statutes · Taxing statute · Imposition of tax by inference or by analogy

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Since the issues raised in all the captioned appeals are same, the parties are also the same and the challenge is also to the self same judgment and order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common order. 2. For the sake of convenience, we take up the Civil Appeal No. 4440 of 2014 as the lead matter. 3. This appeal arises from the common judgment and order passed by the Gauhati High Court dated 21.09.2012 in WP(C) No. 3178 of 2011 by which the Writ Petition filed by the appellant herein came to be dismissed by whic
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