TaxTMI 
TaxTMI 
TaxTMI 
2015 (3) TMI 260
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....3 pursuant to the petitioner declaring an income of Rs. 4,60,950/-. The assessment was thereafter modified on 8.10.1998 reckoning the figure of income as Rs. 4,13,120/-. In an appeal filed by the petitioner before the Appellate Tribunal, the assessment originally done was modified by Ext.P2 order dated 24.5.2006, and the tax liability of the petitioner was determined as Rs. 64,446/- and interest was levied on the said sum for the period from November, 1998 to May, 2006 at the rate of 113.75%. In Ext.P2 order, it is stated that the demand notice already issued to the petitioner, pursuant to Ext.P1 assessment order dated 27.3.1993, stands modified to the extent contemplated in Ext.P2 order. It would appear that against Ext.P2 order, the petit....
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....ion and insofar as the petitioner had not resorted to the said remedy, the writ petition itself is not maintainable. The petitioner has filed a reply affidavit refuting the averments in the statement filed on behalf of the respondents. 4. I have heard Sri.Ramesh Cherian John, the learned counsel appearing on behalf of the petitioner as also Sri.Liju V. Stephen, the learned Government Pleader appearing on behalf of the respondents. 5. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that the limited challenge in the writ petition is against that portion of Exts.P6 and P8 orders that uphold the levy of interest, for the period from November, 1998 to May, 2006, on the petitione....
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....ompleted on the basis of the said law. As a matter of fact, the law that was applied to complete the assessment of the petitioner was the law that applied as on the first day of April in the year of assessment. The petitioner, however, contends that the levy of interest was also to be governed by the law in force as on that date. It is relevant to note, in that connection, that the levy of interest is attracted only when there is a non-payment of tax that is assessed. The law that governs the levy of interest must therefore be the law that is in force when the delay in payment of tax is occassioned. It is not in dispute in the instant case that the assessment proceedings, which had been initiated pursuant to the filing of return by the asse....
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.... shall be final. (2) Notwithstanding anything contained in sub- section (1) any application, appeal, revision or other proceeding made or preferred to any officer or authority under the said Act, and pending at the commencement of this Act, shall, after such commencement, stand transferred to and be disposed of by the officer or authority who would have had jurisdiction to entertain such application, appeal, revision or other proceeding under this Act, as if it had been in force on the date on which such application, appeal or revision or other proceedings was made or preferred. (3) Nothing contained in sub-section (1) shall affect the right to initiate and complete any proceeding pending on the commencement of this Act regarding the asse....
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.....P1 assessment order was passed only on 27.3.1993, after the coming into force of the new Act. Thereafter, pursuant to a modification of the completed assessment, a modified assessment order was passed on 8.10.1998. It was still thereafter, pursuant to the appellate proceedings before the Appellate Tribunal, that Ext.P2 revised assessment order dated 24.5.2006 was passed which levied interest on the tax amount that was found due and payable by the petitioner for the assessment year 1988-89. It needs to be noted that at the time of passing Ext.P2 revised assessment order, the provisions providing for the levy of interest, for a delay in payment of tax, had already come into force through the 1991 Act. Further, by way of the transitional prov....
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....ressed with the said contention of the petitioner for the reason that the reference to sub section (5) of Section 99 is only in respect of arrears pursuant to assessments that were concluded prior to the coming into force of the 1991 Act. The said provision is an enabling provision that enables the State Government to recover taxes, that became due and payable under the earlier enactment, subsequent to the repealing of the said enactment and the passing of the new enactment. In the case of proceedings that were pending at the time of coming into force of the 1991 enactment, it is the provision of sub section (1) of Section 99 that would apply, to deem those proceedings as proceedings under the 1991 Act for the purposes of assessment and eff....