Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether proceedings for reassessment under section 41 of the Agricultural Income-tax Act, 1991 were maintainable in respect of assessments originally completed at the compounded rate under section 13 of the Act.
Analysis: The compounding provision under section 13 operates as an alternate mode of assessment in lieu of tax payable under the other provisions of the Act and has overriding effect over the general charging provision. Tax computed under the compounding scheme is nevertheless tax payable under the Act. Section 14 makes section 41 applicable to assessments under section 13 where tax has escaped assessment, so the absence of a conventional income computation does not exclude reassessment jurisdiction. Since sanction under section 41(2) had been obtained, the Assessing Officer was competent to proceed with revision of the assessments.
Conclusion: Proceedings under section 41 were held maintainable against assessments completed under section 13, and the challenge to the impugned notices failed.
Ratio Decidendi: Where a statutory compounding scheme functions as an alternate charging mechanism under the Act, reassessment provisions for escaped tax remain applicable if the statute expressly extends them to such assessments.