9911796707
TMI Blog1996 (5) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... ssments relating to the periods 1990-91, 1991-92 and 1992-93 have been confirmed. As a result, it has been held that the "purchase price" will include excise duty for the purpose of section 44AC of the Income-tax Act, 1961. So far as the petitioner, Shambhu Prasad, is concerned, he has challenged the assessment orders dated March 1, 1993, and March 4, 1993, as well as notice of demand to that effect. By the aforesaid orders, assessments fore periods 1990-91 and 1991-92, the assessing authority has included excise duty within the "purchase price" for the purpose of section 44AC of the Income-tax Act. The orders passed by the Commissioner of Income-tax, Patna, dated February 16, 1996, confirming the aforesaid assessment orders, are also und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommon impugned orders dated November 8, 1995, withdrew the earlier order dated March 1, 1995. In effect, he has confirmed the original orders of assessment passed earlier with respect to the three aforesaid assessment orders. By the impugned order dated November 8, 1995, it has been held that there was a mistake which was apparent from the record in the matter of computation of deemed income and thereby directed to include "excise duty" within "purchase price" for the purpose of section 206C of the Income-tax Act. With respect to Shambhu Prasad, the assessment orders have been issued on March 1, 1993, and March 4, 1993, with similar proposition, by including excise duty within "purchase price", for the purpose of section 206C of the Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decisions and the respondents cannot dispense with the regular assessment in terms of the provisions of sections 28 to 43C of the Act. Further, it is clear from the decision of this court in the case of Ramjee Prasad Sahu [1993] 202 ITR 800, that so far as section 206C of the Act is concerned, in pursuance of the said provision, no tax is to be collected or is to be paid on the amount deposited by a retail vendor by way of excise duty directly with the State Government. In the aforesaid background, it is evident and clear that the orders passed by the Commissioner of Income-tax (Appeals), Patna, all dated November 8, 1995, in C. W. J. C. Nos. 5038, 5039 and 5040 of 1996, have been so passed without taking note of the aforesaid facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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