1998 (3) TMI 50

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....had been filed for the assessment year 1982-83. The firm was stated to have been dissolved on August 28, 1981. After dissolution of the said firm, the erstwhile partners were stated to have partitioned their lands and the respective partners filed applications to compound the tax under section 65 of the Act on June 14, 1982, in respect of the holdings held by them in the middle of the accounting year The Agricultural Income-tax Officer, Gudalur, had permitted the partners of the firm for composition of tax under section 65 of the Act for the assessment year 1982-83 for the period after the dissolution of the firm. The Commissioner of Agricultural Income-tax, Chepauk, Madras 5, in suo motu revision proceedings under section 34 of th....

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....overnment Pleader (Taxes) representing the Revenue, the one and only question that arises for consideration in all these actions is as to whether the order of the Commissioner cancelling the individual assessment order and directing the Assessing Officer to pass fresh orders in accordance with law, on the facts and in the circumstances of the case, is sustainable in law ? The order of the Commissioner cannot at all be stated to be suffering from any serious infirmity of law or perverse appreciation of facts, calling for interference. (a) Sub-section (4) of section 65 of the Act prescribes that every application under sub-section (1) thereof shall be submitted in such forms in such manner and within such time as may be prescribed. (....

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....used cannot enure beyond the period of 90 days from the targeted date, viz., June 15, of the year, for which permission to compound the agricultural income-tax is required and the filing of such application during the extended period is permissible only if and when there is sufficiency of cause for the delayed presentation. Admittedly, the accounting year in these actions commences from April 1, 1981, and ends with March 31, 1982. Therefore, the year, in the instant cases for which permission to compound the agricultural income-tax is required to be made is the year commencing from April 1, 1981, and ending with March 31, 1982, and if that be the case, the compounding application ought to have been filed on or before June 15, 1981, and i....