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of <h1>Court clarifies 'calendar year' under Sales Tax Act, quashes penalty, directs refund.</h1> <h3>Kanhayyalal Shivsahay Sharma Versus Deputy Commissioner of Sales Tax, MP and Others</h3> The High Court partially allowed the petition, upholding the assessment order but quashing the penalty imposition under the C.P. and Berar Sales Tax Act. ... - Issues:1. Assessment proceedings and penalty imposition under the C.P. and Berar Sales Tax Act, 1947.2. Barred assessment time period and validity of assessment.3. Interpretation of the term 'three calendar years' under section 11(5) of the Sales Tax Act.4. Application of penalty provisions under the amended Act XX of 1953.Analysis:1. The petitioner, a grain merchant registered under the C.P. and Berar Sales Tax Act, challenged assessment and penalty proceedings for a specific period. The department initiated actions due to non-submission of returns, leading to an ex parte assessment and penalty imposition. The petitioner appealed to higher authorities, culminating in the present writ petition seeking to quash the orders and recovery proceedings.2. The petitioner argued that the assessment was time-barred, citing issues with the notice period and the application of the Amending Act. The court examined the interpretation of 'three calendar years' under section 11(5) of the Sales Tax Act, focusing on conflicting decisions in previous cases. The court determined the correct calculation method for 'calendar year' to uphold the assessment timeline.3. The court analyzed historical references and dictionary definitions to conclude that a 'calendar year' signifies a period from January 1 to December 31. By applying this definition, the court resolved the conflict in interpretations and affirmed the decision in a previous case, rejecting the petitioner's contentions regarding the assessment timeline.4. Regarding the application of penalty provisions, the court considered the retrospective effect of Act XX of 1953 and the limitations on penalty imposition. The court found that the penalty imposed was not justified due to the retrospective nature of the Act, leading to the quashing of the penalty order while upholding the assessment order.5. The judgment partially allowed the petition, maintaining the assessment order but quashing the penalty imposition. The court directed the refund of the security deposit to the petitioner. The separate judgment by one of the judges concurred with the decision on the interpretation of 'calendar year' under the Sales Tax Act, emphasizing the need for legislative clarity on such terms.This comprehensive analysis delves into the assessment proceedings, the interpretation of legal terms, and the application of penalty provisions under the Sales Tax Act, providing a detailed understanding of the High Court's judgment in the case.
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