(1) No assessment under section 45 shall be made after the expiry of two years, and no assessment under section 46 shall be made after the expiry of six years, form the end of the year in respect of which or part of which the assessment is made, where such two years or six years end on the 30th day of June or the 31st day of December.

(2) No assessment under section 45 shall be made-

(a) after the 30th day of June next following the expiry of two years from the end of the year in respect of which or part of which the assessment is made, where such two years end on any date during the period commencing on the 1st day of January and ending on the 29th day of June; and

(b) after the 31st day of December next following the expiry of two years from the end of the year in respect of which or part of which the assessment is made, where such two years end on any date during the period commencing on the 1st day of July and ending on the 30th day of December.

(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), assessment of tax due from a registered dealer, not being selected under sub-section (2) of section 45A for assessment in respect of any year comprising a period or periods, may be made before the expiry of six years from the end of the year in respect of which or part of which the assessment is made.

(3) No assessment under section 46 shall be made-

(a) after the 30th day of June next following the expiry of six years from the end of the year in respect of which or part of which the assessment is made, where such six years end on any date during the period commencing on the 1st day of January and ending on the 29th day of June ; and

(b) after the 31st day of December next following the expiry of six years from the end of the year in respect of which or part of which the assessment is made, where such six years end on any date during the period commencing on the 1st day of July and ending on the 30th day of December.

EXPLANATION.- In this section, the months of January, June, July and December shall be reckoned according to the British calendar.

(4) Notwithstanding anything contained in sub-section (1), subsection (2), sub-section (2A), or sub-section (3) (a) when a fresh assessment is required to be made in pursuance of an order under section 79, section 80, section 81 or section 82, or section 82A, or in pursuance of any order of the Tribunal or any court, such fresh assessment may be made at any time within two years from the date of such order, and

(b) when the dealer in respect of whom an assessment is required to be made for any period under this Act is also registered under the West Bengal Value Added Tax Act, 2003(West Ben. Act XXXVII of 2003.), and an assessment is required to be made for that period also under that Act, the assessment including a fresh assessment under this Act may be made at any time up to the date on which an assessment for that period may be made under that Act or within the date mentioned in subsection (2), or sub-section (3), or clause (a) of this sub-section, whichever is later.

(5) In computing the time limited by sub-section (1), sub-section (2), sub-section (3) or sub-section (4) for making any assessment under section 45 or section 46, the period during which the Commissioner is restrained from commencing or continuing any proceedings for such assessment by an order of the Tribunal or any court shall be excluded.