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TMI Blog2013 (3) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant does not arise. The ratio of the judgment in the case of Gogte Minerals (1995 (9) TMI 20 - KARNATAKA HIGH COURT) as relied on by assessee will not apply to the facts of the present case in the said case it was concluded that there was no obligation on the part of the assessee to fill up the pit at the end of the contract and in that context Karnataka High Court observed that the expression “undertake”means to make a promise to do something at future date, according to the Tribunal, but what the rule provides for, is to perform in a phased manner the restoration, reclamation and rehabilitation within the time stipulated under the rule. In the said case on facts whether actual amount has been spent during the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 1997-98 on 31.10.1997 declaring loss of Rs. 13,32,280/- (Rupees thirty lakhs thirty two thousand two hundred and eighty only). An order was passed by respondent no. 3 under Section 143(3) on 8.2.2000 assessing petitioner's income at Rs.54,49,180/- (Rupees fifty four lakhs forty nine thousand one hundred and eighty only) raising a demand for tax of Rs.21,52,672/- (Rupees twenty one lakhs fifty two thousand six hundred and seventy two only) with interest of Rs.13,60,762/-( Rupees thirteen lakhs sixty thousand seven hundred and sixty two only). Against the said order the petitioner filed CIT(Appeals) Belgaum and the tax which was demanded was paid by the petitioner to the extent of Rs.21,52,672/- (Rupees twenty one lakhs fifty two thousand s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of New India Mining Corporation(P) Ltd Vs. Commissioner of Income Tax dated 15.2.2000 and it was submitted that the aforesaid notification was issued on 23.5.1996 and was contended that the case of the petitioner was covered by Second notification since there was judgment of Karnataka High Court directly on the point in favour of the petitioner. It was submitted that the said notification dated 23.5.1996 in paragraph 1 reproduced the contents of earlier notification and in paragraph 2 it was modified holding that decision of any high Court in favour of the assessee stand resulting in their payment of advance taxes for ground to waive. It was contended that respondent no.1 noted first part of the last notification and did ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee to restore the lands to their original condition after termination of the lease. Clause (iv) to Rule 14 of the Minerals Concession Rules, is as under: 14. (iv) Save in the case of land in respect of which the licensee is granted, a mining lease, he shall, within six months after the determination of the licence or the date of abandonment of the prospecting operations, whichever is earlier, security plug all bores and fill up or fence all excavations in the land covered by the licence. We do not think we have to interpret either the clauses of the lease agreement or even clause (iv) of Rule 14 of the Minerals Concession Rules, 1960 as in the present case, admittedly, no expense has been incurred by the appellant. The qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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