9911796707
TMI Blog1980 (11) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.. The material facts giving rise to this reference briefly are as follows: The assessee is a registered dealer carrying on business as a forest contractor. For the assessment year 1959-60, the assessment was framed on 16th October, 1961. While making the assessment, certain C forms were admitted by the assessing authority. Subsequently, on an audit objection in that behalf, the assessment was reopened under section 19(1) of the Act, and a notice dated 12th May, 1964, was issued to the assessee in that behalf. The assessing authority held that the C forms were defective and consequently the assessment was revised. Aggrieved by that order, the appellant preferred an appeal before the Appellate Assistant Commissioner. It was urged before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 20 of 1961, which came into force on 1st June, 1961. By that amendment, in section 19(1) of the Act the words "if for any reason" were substituted for the words "the Commissioner, in consequence of any information which has come into his possession, is satisfied that". It was not disputed before us that if the unamended provisions of the Act were to be held applicable to the facts of the case, then the assessing authority had no jurisdiction in the instant case to reopen the assessment for the assessment year 1959-60. The short question for consideration, therefore, is whether the Board was right in holding that the unamended provisions of the Act were attracted in the instant case. 4.. Now, it is well-settled that the provisions of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the amending Act No. 20 of 1961, which is not retrospective, the assessing authority would have no jurisdiction to reopen the assessment of the assessee for the assessment year 1959-60 on the ground that the C forms on the basis of which concessional rates were allowed to the assessee were defective. The Tribunal, in our opinion, was therefore justified in holding that the assessing authority could not in the instant case lawfully reopen the assessment of the assessee for the assessment year 1959-60. 5.. For all these reasons, our answer to the question reframed by us is in the negative and in favour of the assessee. In the circumstances of the case, parties shall bear their own costs of this reference. We would like to place on recor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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