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2009 (5) TMI 880 - KERALA HIGH COURTWhether the belated order issued by the assessing officer on October 15, 2007 produced as annexure A is beyond his jurisdiction and against the scheme of compounding provided under section 7 of the Act? Held that:- Since the application for compounding was admittedly filed by the assessee on due date in this case and the officer has not attributed anything on the assessee for the delay in passing orders thereon and since there is a bona fide dispute about the validity of the proceedings issued and since tax returns also were filed by the assessee, we direct the officer to recall penalty orders provided the assessee clears all the arrears of tax under the compounding scheme with interest in accordance with the judgment, within three months from now. Since counsel for the petitioner submitted that there is error in the calculation of tax, we direct the officer to modify the demand, if there is any mistake based on application for rectification to be filed by the petitioner under section 43 ignoring the time-limit, if application is filed within a month from the date of receipt of a copy of this judgment.
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