2016 (8) TMI 875

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....pondent : Shri R. Subramanya, Advocate ORDER Per : Mr. P. M. Saleem This appeal has been filed by Revenue aggrieved by the impugned Order-in-Appeal of Commissioner (Appeals). The issue involved is whether interest can be levied on subsequent finalisation of provisional assessment done prior to 13.07.2006, since provisions for levying interest was brought into effect from 13.07.2006. 2.....

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....ion of provisional assessment took place on 29.09.2006 only. 3. On the other hand, ld. Counsel for the Respondent submits that the issue is settled now by way of a number of decisions by the Hon'ble Gujarat High Court and hence he pleads for dismissal of the Revenue s appeal. 4. On careful consideration of the arguments of both sides, we find that the issue on merits has been considered ....

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....ecifically or by necessary implication giving retrospective effect to such a statutory provision, we are of the opinion that the same cannot be applied to cases of provisional assessment which took place prior to the said date. Any such application would in our view amount to retrospective operation of the law. " The same view was also held by the another Division Bench of the Hon'ble Gujar....

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....e to Section 18(3) of the Act, therefore, not being in consonance with the show cause notice issued to the petitioner as well as the relevant statutory provisions, cannot be sustained. 19. This Court is conscious of the fact that ordinarily it would not exercise powers under Article 226 of the Constitution of India to set aside an order passed by the adjudicating authority when there is a....