9911796707
TMI Blog1980 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... material facts, briefly stated are, that the assessee preferred an appeal with the AAC of IT against the assessment, made by the ITO, for the assessment year under appeal and the assessee filed a petition dt. 2nd Nov., 1976 for entertaining the appeal in terms of proviso to sub-s. 4 of s. 249 of the Act. The AAC being not satisfied that it was a fit case in which exemption could be granted from the operation of the provisions of the sub-s. 4 of s. 249 of the Act, rejected the petition made by the assessee, did not admit the appeal filed by the assessee, accordingly did not consider the points raised by the assessee in the grounds of appeal. The AAC reasoned that the assessee was an old assessee and no notice under s. 210 of the Act for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d finalized on 20th May, 1974 that the assessee was well aware of its tax liabilities but instead of discharging its liabilities, the assessee prima facie deferred the filing of the return and thereby the payment of tax under s. 140A. Holding the assessee to have deliberately withheld payment of tax, he opined that he was satisfied that on the facts of the assessee's case, it was not a fit case where exemption could be granted from the operation of the proviso to sub-s. 4 of s. 249 of the Act. 3. The assessee is aggrieved and as such we are seized of the matter. 4. The assessee has taken as many as 11 grounds but the sum total of the assessee's grievance relates to the appeal having been not heard by the AAC on merits as also the AAC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e requirements of law, the AAC was competent not to admit the appeal and has acted accordingly, justifiably on facts and in law. 6. We have given our careful consideration to the facts of the case as also to the submissions made before us by the learned representatives of the parties. We have also perused very carefully the impugned order of the AAC. 7. The assessee has filed the return of its income for the assessment year under appeal on 2nd Nov., 1974. Sub-s. 4 of s. 249 of the Act was inserted by the Taxation Laws (Amendment) Act 1975, w.e.f. 1st Oct., 1975. The provision of s. 249(4) are substantive provisions and the new requirement in s. 249(4), regarding payment of tax on the income returned, etc. cannot be said merely to regu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1974 when the return of income was filed by the assessee. The amendment by way of insertion of sub-s. 4 to the parent s. 249 of the Act was made effective as from 1st Oct., 1975. The vested right is always preserved and there is no presumption against taking away of a vested right by an fresh legislation. It has since been held by the various Courts that a construction which involves the taking away of vested right ought not to be adopted if the words of the enactment are open to any other construction. 9. In the case of the assessee, the return of income having been filed on 2nd Nov., 1974, a vested right in favour of the assessee accrued to the assessee and that right was a right of preferring an appeal against the assessment framed in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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