2002 (7) TMI 764

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....allenge. The petitioner also wants this Court to interfere with the recovery proceedings emanating therefrom. The petitioner was a dealer of Indian-made foreign liquor. For the assessment year 1993-94, on the basis of exhibit P1, the petitioner was subjected to tax liability, by order dated January 9, 1995. Thereafter, a notice under section 19 had been issued to him suggesting that there was unde....

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....n section 19, as it stood amended on April 1, 1998. Where for any reason the whole or any part of the turnover of business of a dealer has escaped assessment to tax in any year or had been under-assessed or assessed at the rate lower than the rate at which it is assessable or any deduction is made wrongly therefrom, the assessing authority, at any time within five years from the expiry of the year....

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.... The amendment of the provision by Finance Act (14 of 1998) has come into force only with effect from April 1, 1998 and not from April 1, 1994. Therefore, by the time the provision was introduced in the statute book, the petitioner's assessment for 1993-94 was out of reach of the department as the four-year period had expired on the date the said amendment was introduced. Therefore, the content....

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....tive effect from April 1, 1956. During March, 1957, a notice had been issued to the assessee, in respect of the assessment year, 1954-55. It was opposed, by the assessee as a notice barred by limitation. On the facts of the said case, it was held that the right to commence the proceedings for assessment ended on 31st March, 1956 under the Act and before it was amended. The authority was conferred ....