9911796707
TMI Blog1992 (11) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... essment orders produced as annexures 'A' and 'A-I' in the writ petition do not belong to the assessee and further the petitioner-assessee has filed the objections to the same, and as such, the authorities are required to consider the objections and take appropriate action in accordance with law. But the grievance made by Sri G. Chander Kumar, learned counsel for the appellant, is that, in the writ petitions, the petitioner has made two prayers: (1) to quash the orders of attachment of the properties and bringing them for sale as per annexures 'L' and 'O' dated April 16, 1992, and August 19, 1992, respectively, produced in the writ petitions ; and (2) to quash that portion of the order of assessment dated November 30, 1990, made for the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On the contrary, it is contended by Sri Raghavendra Rao, learned standing counsel for the Department, that no doubt it is not open to the petitioner-appellant to prefer an appeal only against the order levying penal interest ; nevertheless, she has a right to approach the authority under section 264 of the Act by way of revision and seek revision of the assessment order in so far as it levies penal interest ; that the assessment order was passed as long back as on November 30, 1990 whereas, the petitioner-appellant has approached this court only in the year 1992 after a lapse of about a little less than two years ; therefore, she is guilty of laches and has also not availed of the remedy of revision. It is, therefore, submitted that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act has been amended by the Taxation Laws (Amendment) Act, 1984. Under this amendment, the old Explanation 2 to sub-section (8) of section 139 has been substituted by the new Explanation 2. The substituted Explanation 2 provides that where, in relation to an assessment year an assessment is made for the first time under section 147, the assessment so made shall be regarded as a regular assessment for the purpose of this sub-section. Section 147 of the Act relates to income escaping assessment. The present case is concerned with the assessment made for the assessment year 1984-85 covering the financial year ending with March 31, 1984. Whereas the amendment effected by the Taxation Laws (Amendment) Act is with effect from April 1, 1985 ; t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 27. No doubt, the assessee has approached this court after a lapse of about two years, but the delay of two years in the facts and circumstances of the case, when the authority has no jurisdiction at all to levy penal interest to the tune of Rs. 3,88,509 would not be a ground to deny relief. Similarly, the conduct of the assessee in not co-operating with the Department in the matter of reassessment also cannot be made a ground to deny the relief, because the unacceptable or unreasonable conduct of the assessee will not in any way confer jurisdiction upon the authority to pass an order levying penal interest. Therefore, we are of the view that the contention urged on behalf of the Department that the assessee is guilty of laches and has not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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