TMI Blog1993 (1) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in May, 1980, by passing two separate orders for the two assessment years referred to above. Apart from imposing the tax, order of payment of penalty and interest was also made by the Assessing Authority. Two appeals were filed against such orders. The appellate court maintained the orders with respect to the tax. However, with respect to imposition of penalty and charging interest, orders of the Assessing Authority were quashed. This was done on October 11, 1982. Amount of tax was determined at Rs. 15,639. During the pendency of the appeal, a sum of Rs. 10,000 was paid on March 24, 1982. Remaining amount of the tax was paid on January 21, 1983. After serving fresh notices, the Assessing Authority on March 8, 1983, raised demands of pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the submission of the return under sub-section (3) of that section, for a period of one month and thereafter at the rate of one and half per centum per month till the default continues. (2) If the amount of tax or penalty due from a dealer is not paid by him within the period specified in the notice of demand, or if no period is specified, within thirty days from the service of such notice, the dealer shall in addition to the amount of tax or penalty, be liable to pay simple interest on such amount at the rate of one per centum per month from the date immediately following the date on which the period specified in the notice or the period of thirty days, as the case may be, expires, for a period of one month and thereafter at the rate of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t observed as under: "Now it is well-settled that the Income-tax Act, as it stands amended on the first day of April of any financial year, must apply to the assessments of that year. Any amendments in the Act which come into force after the first day of April of a financial year, would not apply to the assessment for that year, even if the assessment is actually made after the amendments come into force." The aforesaid observations were relied upon by this Court in Rajeshwar Pershad v. Commissioner of Income-tax [1986] 159 ITR 920, also a case under the Income-tax Act. A perusal of the aforesaid judgments would show that the ratio laid down therein cannot be applied to the cases in hand. The amendments made in the Income-tax Act with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the expiry of six months from 25th of January, 1964, when the provision came into force. Interest, therefore, started automatically running on the arrears irrespective of the years to which they related. There is thus no force in this contention." The provision made under section 11-D of the Act, as reproduced above, is almost on the similar lines as was made in the U.P. Sales Tax (Amendment) Act. In view of the discussion above, the question referred is answered in the affirmative in both these references, i.e., section 11-D(2) of the Punjab General Sales Tax Act would cover the assessment framed or demand created after induction of the aforesaid provision into the Act, in respect of the year of assessment, prior to such amendment. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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