In Brief
Five Special Leave Petitions challenged High Court orders quashing assessment orders passed under the Orissa Value Added Tax Act, 2004. The core question is whether the Commissioner's power to extend the Assessing Authority's time limit (initially six months, extendable by another six months) must be exercised before the initial period expires, or can be granted post-facto. The Court found the principle in State of Punjab v. Shreyans Industries (holding that extension powers must be exercised before limitation expires) potentially applicable, but also identified alternative interpretative perspectives and administrative law considerations. Accordingly, the two-Judge Bench referred all matters to a three-Judge Bench to examine the applicability of Shreyans to these statutory provisions and ensure consistency in judicial precedent.
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