1981 (7) TMI 150
X X X X Extracts X X X X
X X X X Extracts X X X X
....t orders were disposed of by April, 1978. In the four reassessment orders super tax leviable under the Finance Act had not been levied by the ITO. It is also not known whether in the original assessment such super tax was levied. However, that is not a material fact. So after the appellate order, where the levy of super tax was not a subject matter of appeal, were received the ITO initiated s. 154 proceedings to levy super tax for these four years. The assessee had many objections most important of which were merger and non-availability of s. 154 (1A) of the IT Act, 1961. The ITO with whom the AAC agreed, decided against the assessee. Hence these four appeals. 2. The assessee drew our attention to an article published in Current Tax Report....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion by reference, then it may be possible to say that subsequent amendments will also apply. But this s. 297(2)(d)(ii) is not a legislation by reference. It is not as if in IT Act, 1961 or in this provision a reference is made to another legislation and its application. It is only a case where the scope and extent of application of the IT Act, 1961 to certain proceedings to which ordinarily this enactment is not applicable is specified. So the extent applied is only the provision as it stood on the date of the application. So we hold that s. 154(1A) has no application for these assessment years. 3. The argument of the Deptl. Rep. was that it is a procedural section and the ITO had the power after 1964 and also at the time when fresh assess....