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    <title>1987 (10) TMI 20 - KERALA High Court</title>
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    <description>Section 40(1) of the Kerala Agricultural Income-tax Act, 1950 was upheld as a valid demand provision because the assessing authority&#039;s power to fix the time for payment is guided by the statutory framework, including the normal period allowed where no shorter time is specified, and is subject to correction for abuse through appeal, revision, or writ remedies. However, a demand granting only five days to pay was treated as unreasonably short and oppressive, so the penalty based on default within that period could not be sustained. The provision was therefore valid, but the particular penalty imposed on the assessee was quashed.</description>
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    <pubDate>Wed, 07 Oct 1987 00:00:00 +0530</pubDate>
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      <title>1987 (10) TMI 20 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=25197</link>
      <description>Section 40(1) of the Kerala Agricultural Income-tax Act, 1950 was upheld as a valid demand provision because the assessing authority&#039;s power to fix the time for payment is guided by the statutory framework, including the normal period allowed where no shorter time is specified, and is subject to correction for abuse through appeal, revision, or writ remedies. However, a demand granting only five days to pay was treated as unreasonably short and oppressive, so the penalty based on default within that period could not be sustained. The provision was therefore valid, but the particular penalty imposed on the assessee was quashed.</description>
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      <pubDate>Wed, 07 Oct 1987 00:00:00 +0530</pubDate>
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