Transitional tax penalty rules under the 1922 Act controlled pre-1962 assessments, and unpaid tax barred the appeals.

Penalty proceedings linked to assessments completed before 1 April 1962 were treated as governed by the Indian Income-tax Act, 1922, because the transitional rule in section 297(2) made the completion date of the assessment decisive; notices issued under section 46(1) of the 1922 Act therefore did not become proceedings under section 221 of the 1961 Act. On that footing, the proviso to section 30(1) of the 1922 Act applied, so an appeal to the Appellate Assistant Commissioner was not maintainable unless the relevant tax had been paid before filing. The reference was answered against the assessee on both issues.

---

---

Issues: (i) whether penalty proceedings in respect of assessments completed before 1 April 1962 were governed by section 46(1) of the Indian Income-tax Act, 1922, or by section 221 of the Income-tax Act, 1961; (ii) whether the assessee's appeals before the Appellate Assistant Commissioner were competent without prior payment of the relevant taxes.

Issue (i): Whether penalty proceedings in respect of assessments completed before 1 April 1962 were governed by section 46(1) of the Indian Income-tax Act, 1922, or by section 221 of the Income-tax Act, 1961.

Analysis: The determining factor was the date on which the assessment was completed. The transitional scheme in section 297(2) of the Income-tax Act, 1961, as explained by the Supreme Court, makes the completion of assessment before 1 April 1962 decisive for the application of the 1922 Act to penalty proceedings. Where the assessments had been completed long before that date and the notices were issued under section 46(1) of the 1922 Act, the proceedings could not be treated as having been initiated under section 221 of the 1961 Act.

Conclusion: The proceedings were governed by section 46(1) of the Indian Income-tax Act, 1922, and not by section 221 of the Income-tax Act, 1961, in favour of the Revenue.

Issue (ii): Whether the assessee's appeals before the Appellate Assistant Commissioner were competent without prior payment of the relevant taxes.

Analysis: Since the penalty proceedings fell under the 1922 Act, the proviso to section 30(1) of that Act applied. Under that proviso, the appeal was not maintainable unless the relevant tax had been paid before filing. As the assessee had not made the required payment, the appellate forum lacked competence to entertain the appeals.

Conclusion: The appeals before the Appellate Assistant Commissioner were incompetent without prior payment of the relevant taxes, in favour of the Revenue.

Final Conclusion: The reference was answered against the assessee on both questions, and the Revenue succeeded on the transitional applicability of the penalty provisions and on the bar to the appeals.

Ratio Decidendi: For penalty proceedings linked to assessments completed before 1 April 1962, the governing enactment is the Indian Income-tax Act, 1922, and the appellate bar under that Act applies where the statutory precondition of payment has not been satisfied.

---