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TMI Blog1976 (9) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... relating to the period 1968-69. The questions are: "(1) Whether, in the facts and circumstances of the case, it will be deemed that the assessee was permitted to pay tax at the compounding rate for which he was permitted for the years 1966-67 and 1967-68 by merely filing an application on 20th April, 1968, which is within the period of 45 days for the period for which renewal was required even t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no such application had been made; but while saying so, he wrongly stated that the application should have been made before the period began to run. 3. The Assistant Commissioner rightly stated the law but never found that as a fact by 20th April, 1968, the renewal application was filed. 4.. In second appeal, the learned Member, Additional Tribunal, jumped to the conclusion that such an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ewal of the licence for the compounding rate had actually been filed for the year 1968-69. Learned standing counsel also points out with reference to rule 90-A(3)(c) of the Rules as it stood at the material point of time that only when renewal would actually be granted it would be operative; otherwise the existing licence must be deemed to have been cancelled. We do not agree with the submission b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he law, the obvious intention of the rule is that the public officer charged with the duty of entertaining the application has to allow it and that too in such a way that the assessee has not to suffer. 7.. In case, there has been an application on 20th April, 1968, and the Member, Additional Sales Tax Tribunal, comes to hold that this has not been allowed, we would require the Additional Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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