1997 (7) TMI 696

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....la Agrl. Tribunal, Additional Bench, Kottayam in AITA No. 56 of 1982. The relevant assessment year is 1972-73 for which the accounting year was from 1st April, 1971 to 31st March, 1972. The following questions are referred by the Tribunal to this Court pursuant to a judgment of this Court in OP 6249/90 : (i) Whether on the facts and circumstances of the case, the assessment for the year 1....

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....as again communicated to the assessee in the proper form on 12th November, 1976. 3. The first question arising for consideration is whether the assessment made in the year 1972-73 is barred in view of the provisions contained under s. 35(2) of the Kerala Agrl. IT Act, 1950. Sec. 35(2) as it stood before amendment by Act 13 of 1976 provided that no order of assessment under s. 18 or assessment o....

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.... are not able to accept the above contention raised by the Revenue. Act 13 of 1976, which brought in the amendment by extending the period of 3 years to 5 years was given effect to only from 27th October, 1975. By that time, as mentioned earlier, by applying the three years rule period for completing assessment was already over. Subsequent amendment cannot give the power of assessment to the offic....

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.... end, the amending provision will not assist him to commence a proceeding even though at the date when he issued the notice it is within the period provided by that amending Act. This will be so, notwithstanding the fact that there has been no determinable point of time between the expiry of the time provided under the old Act and the commencement of the amending Act. The legislature has given to ....