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TMI Blog2019 (4) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the date of rejection of that application. Thus, the assesseee may have had time till his application for compounding of A.Y. 2002-03 was pending to remove the default towards payment of compounding fee for the earlier year. However, that having not been done, the ineligibility to be allowed to pay compounding fee in lieu of tax (on assessment basis), was rightly adjudged against the assessee. The question of law is answered in the negative i.e. in favour of the revenue and against the assessee. - SALES/TRADE TAX REVISION No. - 1410 of 2007 - - - Dated:- 17-11-2018 - Saumitra Dayal Singh, J. For the Applicant : Rakesh Ranjan Agrawal,Suyash Agarwal For the Opposite Party : S.C. ORDER SAUMITRA DAYAL SINGH,J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s compounding fee for the earlier assessment year. To this extent, there is no dispute or challenge raised by the assessee. 4. In such facts and in view of the admitted default existing for the A.Y. 2001-02, the Assessing Authority by his order dated 14.08.2006 rejected the application filed by the assessee under Section 7D of the Act for the A.Y. 2002-03 since the compounding application for the A.Y. 2001-02 had been filed belatedly without payment of interest as contemplated under that scheme. 5. The first appeal arising from that order was rejected. The Tribunal had also rejected the second appeal of the assessee in that regard. Hence this revision. 6. Learned counsel for the applicant-assessee submits that subsequent to rejecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention that for the A.Y. 2001-02, the assessee contested the matter up to appeal, where upon the matter was remanded and upon such remand, the assessee cleared the default of compounding fee for that year together with interest yet, its effect on the proceedings for the A.Y. 2002-03 may be negligible in the context of the controversy involved in the present revision. 9. In the first place, each assessment year is a separate unit. Then, the alternative method of assessment through payment of compounding fee is governed by principles of contract. In this regard, indisputably, the state government had offered to accept the compounding for the A.Y. 2002-03, subject to fulfilment of conditions chiefly that the assessee should not be in def ..... X X X X Extracts X X X X X X X X Extracts X X X X
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