TaxTMI 
TaxTMI 
1980 (11) TMI 138
X X X X Extracts X X X X
X X X X Extracts X X X X
....rms on the basis of which concessional rate was allowed were defective?" 2.. The material facts giving rise to this reference briefly are as follows: The assessee is a registered dealer carrying on business as a forest contractor. For the assessment year 1959-60, the assessment was framed on 16th October, 1961. While making the assessment, certain C forms were admitted by the assessing authority. Subsequently, on an audit objection in that behalf, the assessment was reopened under section 19(1) of the Act, and a notice dated 12th May, 1964, was issued to the assessee in that behalf. The assessing authority held that the C forms were defective and consequently the assessment was revised. Aggrieved by that order, the appellant preferred an ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ority. The provisions of section 19(1) of the Act were amended by Act No. 20 of 1961, which came into force on 1st June, 1961. By that amendment, in section 19(1) of the Act the words "if for any reason" were substituted for the words "the Commissioner, in consequence of any information which has come into his possession, is satisfied that". It was not disputed before us that if the unamended provisions of the Act were to be held applicable to the facts of the case, then the assessing authority had no jurisdiction in the instant case to reopen the assessment for the assessment year 1959-60. The short question for consideration, therefore, is whether the Board was right in holding that the unamended provisions of the Act were attracted in th....