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TMI Blog1990 (2) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... 36(2)(c) can be levied in any order of reassessment passed on or after September 1, 1969, in respect of the period prior to September 1, 1969, when there was no provision for levy of penalty in reassessment proceedings? 3.. Whether, on the facts and in the circumstances of the case, there was a valid charge and a proper finding that the assessee had knowingly furnished inaccurate particulars of transactions liable to tax so as to attract penalty under section 36(2)(c) of the Act? 4.. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that even in respect of the assessment years 1962-63 and 1963-64, the quantum of penalty would have to be regulated with reference to the provisions of sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Sales Tax Officer as regards concealment and the applicability of section 36(2)(c), the Tribunal reduced the quantum of penalty to Rs. 15,000 and Rs. 35,000 for the respective years. 4.. Shri Surte, the learned counsel for the assessee, submitted that up to August 31, 1969, the provisions of section 36(2)(c) did not envisage imposition of penalty for concealment in reassessment proceedings under section 35 as distinct from assessment proceedings under section 33. Relying on this Court's judgment in Commissioner of Sales Tax v. Bombay Company Pvt. Ltd. [1979] 43 STC 261, he submitted that the amendment was not retrospective and penalty under section 36(2)(c) could not admittedly be imposed for concealment under the amended provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the question pertained to the quantum of penalty. A subsequent amendment of the statute provided different and more rigorous mode of penalty. The question was whether penalty was to be imposed on the basis of law obtaining at the commencement of the assessment proceedings, at the time of concealment or at the time of initiating the penalty proceedings. It was held that the penalty will require to be imposed with reference to the law that obtained when the concealment took place and that will be the day when return was filed. In the present case, the mode of imposition of penalty was stated to have remained all through the same. The only question was that prior to September 1, 1969, cognizance of concealment could not have been taken during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e filed on time. It may, therefore, be assumed that the returns for the last quarter of the two periods were filed some time in April/May, 1963/1964. For the present we will assume that it was open to the assessee to file revised returns under section 32(3) and thereby to disclose correct particulars of taxable sales, if there was any omission or wrong statement in the returns filed originally. The concealment, if any, took place in view of the above Supreme Court decision on the expiry of the time for filing the revised returns under that section, i.e., after a period of three months from the date of filing the last quarterly returns. The concealment, if any, thus, took place in this case latest in June/July, 1963 and in June/July, 1964. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liability to penalty under section 36(2)(c) will have to be determined with reference to the law as it obtained when the act of concealment took place, i.e., when the returns were or were required to be filed. 8.. The Supreme Court decision in Hardeodas Jagannath v. State of Assam [1970] 26 STC 10, on the other hand, pertains to the procedure as regards filing of appeal. Before the amendment an assessee could file an appeal by making payment of admitted tax liability. After the amendment the requirement was of payment of tax required of him by the Assistant Commissioner. The assessment in that case was completed after the amendment and naturally appeal was filed thereafter. The question arose whether the Commissioner was justified in ask ..... X X X X Extracts X X X X X X X X Extracts X X X X
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