1971 (8) TMI 193

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...., was a valid notification to begin with and in case it was not whether it has been validated by Act No. 15 of 1964? (2) In either case, what would be the proper rate of tax on yarn for the year 1958-59?" It may be stated here that in question No. (1) reference to Act No. 15 of 1964 appears to be a clerical mistake. It has been admitted by the learned counsel of the two sides that it was Act No. 14 of 1964 to which the reference was meant. Hence we shall modify question No. (1) so as to read Act No. 14 in place of Act No. 15 of 1964. The assessee is a dealer in cotton yarn. The assessment year in dispute is 1958-59. The assessee's books of accounts were not accepted and a best judgment assessment was made of the turnover of cotton ....

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....have been issued under that section as amended by this Act, and notwithstanding any judgment, decree or order of any court(a) any such notification shall be deemed always to have been valid, and (b) anything done or any action taken including any order made, proceeding taken, direction issued, jurisdiction exercised, assessment made and tax levied or collected, purporting to have been done or taken in pursuance of any such notification shall be deemed to have been validly and lawfully done or taken." This amendment clearly validates the notification in question which was invalid to begin with in view of the decision of this court in Ram Niwas Sant Lal[1964] 15 S.T.C. 523. Sri Raja Ram Agarwal, learned counsel for the assessee, howe....