Limitation for assessment

(1) No order of assessment shall be passed under section 20 in respect of any period after the expiry of 20 months from the end of the year to which the assessment relates. (2) Notwithstanding anything contained in sub-section (1), if an assessment is required to be made due to an order of a court or appellate authority, it may be made within 20 months as provided under sub-section (1). (3) Where any assessment has been set aside or remanded by an appellate or revisional authority, the assessment shall be completed within a period of 20 months from the date of the order. (4) Nothing in this section shall affect the power of the commissioner to extend the time for completion of assessment for reasons to be recorded in writing. (1) Where any amount of tax, interest or penalty has been paid in excess of the amount due under this Act, the dealer, to whom such refund is due, shall be entitled to have the refund of such excess amount either by refund voucher or by an adjustment against any amount due from him in respect of any tax, interest or penalty payable under this Act. (2) Notwithstanding anything contained in sub-section (1), if the State Government is satisfied that the tax levied and collected in respect of any goods has not been paid by the dealer to whom such goods have been transferred or the goods have been returned or the goods have been exported out of the territory of India or the goods have been sent to outside the State in the same form, the dealer may ask for refund of the tax paid under section 20. (a) In case the goods are returned, the registered dealer, whose goods are returned, shall issue a credit note in the prescribed form to the purchasing dealer. (b) In case the goods are sold outside the State, the registered dealer shall produce proof of such sale outside the State as prescribed. (3) In case of any claim for refund under this section, the dealer shall apply to the prescribed authority within a period of 90 days from the date of such sale. In case of goods being returned, the application for refund shall be made within a period of 90 days from the date of issue of credit note. The prescribed authority on being satisfied about the genuineness and correctness of the claim after such enquiry as it may deem fit, shall sanction the refund and the dealer shall be entitled to get the refund of the tax paid under sub-section (2) of section 20. (4) Nothing in this section shall be deemed to empower the prescribed authority to amend, vary or rescind any order passed or assessment made, except in the manner and to the extent provided under this Act. (1) Subject to such rule as may be prescribed an order, passed on an appeal under Section 20 of this Act may, on application, be revised by the tribunal (2) Subject as aforesaid any order passed under this Act or the rules made thereunder, other than an order against which an appeal has been provided under Section 20 may, on application be revised -(a) by the Joint commissioner( Administration) of the Division concerned, if the said order has been passed by an authority not above the rank of Deputy commissioner. and (b) by the Tribunal. if the said order bas been passed by the Commissioner or Join! Commissioner. (3) The Commissioner: upon application or on his own motion, may revise any order passed under this Act or the rules made thereunder by any authority subordinate to him; Provided that no order of assessment shall be revised by the Commissioner or the Joint Commissioner upon application of the assessee unless an order under of sub-section (2J of the Secuon 20, has been previously passed in respect of such order. Provided further the Commissioner, on application for revision of any order of assessment or penalty or both passed by the prescribed authority under this Act, may direct such assessee/person to deposit a sum not exceeding ten percentum of the tax assessed or the penally imposed or both." (4) No order under this section shall be passed without giving the appellant, as also the authority whose order is sought to be revised or his representative, a reasonable opponunny of being heard. (1) Subject to such rule as may be prescribed an order, passed on an appeal under Section 20 of this Act may, on application, be revised by the tribunal (a) confirm, reduce, enhance or annul the assessment or penalty order, or both; or (b) set aside the assessment or penalty order, or both, and direct the assessing authority to make a fresh assessment after making such further inquiry as may be directed by the appellate authority.