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Supreme Court of India · 01/05/2025

M/S NARESH KUMAR GUPTA versus STATE OF PUNJAB & ANOTHER

[2025] 5 S.C.R. 718 · 2025 INSC 719

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Summary

Batch of appeals and transferred cases on Punjab VAT. In the first group the Court declined to interfere with the High Court's view (following Amrit Banaspati) that the 2013 amendment to Section 29 of the Punjab VAT Act, 2005, extending the assessment period from three to six years with retrospective reach and validating the Commissioner's earlier extension orders, was valid; the appeals were dismissed with liberty to pursue the appellate remedy within three months without objection on limitation. In the second group, where the Revenue relied on State of Punjab v. Nokia India, the Court declined to examine Nokia's correctness, directed payment of principal tax dues only without interest or penalty, confined Nokia's binding effect to the Punjab and Chandigarh enactments for the relevant years, and re-transferred the Andhra Pradesh matters to that High Court.

Issues

  1. Whether the amendment of Section 29(4) and insertion of Section 29(10A) of the Punjab Value Added Tax Act, 2005 by the 2013 amending Act is constitutionally valid, including whether the legislature could retrospectively extend the period for assessment after the original period had expired and validate extension orders passed without prior notice.
  2. Whether the correctness of State of Punjab v. Nokia India Pvt. Ltd. should be examined in the appeals and transferred cases where the Revenue relied on it, and what directions should govern those matters.

Provisions considered

Held

Result

Civil Appeal Nos. 4033 to 4043, 4045, 4046 and 4048 to 4051 of 2025 dismissed, with liberty to pursue the appellate remedy within three months without objection on limitation. Civil Appeal No. 4044 of 2025 and the Transferred Cases disposed of: principal tax dues (without interest or penalty) to be paid by 30.06.2025; Andhra Pradesh transferred cases re-transferred to the Andhra Pradesh High Court; Registry to intimate that High Court and facilitate transfer; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 718.