2006 (2) TMI 146

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.... agricultural income-tax assessments for the years 1991-92 to 1993-94 under section 41 of the Agricultural Income-tax Act, 1991, on the ground that the same is arbitrary and without jurisdiction. I have heard counsel appearing for the petitioner and the Government pleader. The petitioner claimed to be a charitable trust and was granted registration as such under section 16 of the AIT Act. Even ....

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....he petitioner was not a charitable trust as it was formed to promote the interests of a single religious community. Consequent upon the judgment of the Supreme Court the registration granted to the petitioner as a charitable trust was cancelled and the Assessing Officer issued notices stating that assessments completed at the compounted rate for the years 1991-92 to 1993-94 are untenable and there....

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....sment is made at the compounded rate under section 13 or whether the assessment is made under section 35. I am in agreement with the contention of the Government pleader because section 13(1) provides for payment of tax at the compounded rate which is in lieu of tax payable under other provisions of the Act. In other words section 13(1) is an alternate scheme of assessment, as eligible assessees a....

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....ment of tax. Therefore proceedings under section 41(1) can be initiated to assess escaped tax even in respect of assessments at the compounded rate under section 13 of the Act. In the circumstances, the petitioner's objection against maintainability of proceedings under section 41(1) of the Act is overruled. Since limitation is got over by virtue of the order of the Commissioner under section 41(2....