TMI Blog1950 (12) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin the time allowed for which it was assessed. In answer to the charge, the petitioner pleaded that he had been served with a demand notice for Rs. 639-8 but stated that he did not transact any business at all, implying thereby that he was not liable to assessment. The learned Magistrate repelled the objection and sentenced him to pay a fine of Rs. 100 and directed that the amount of Rs. 639-8, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee to affirmatively prove that the offence had not been committed. The prosecution has affirmed that the assessee petitioner has been assessed on 27th February, 1950, and served the demand notice on him. The fact of service has been admitted by the accused. These facts are sufficient to establish Prima facie that there was an assessment and demand has been made which is not complied with, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20(b) of the Mysore Act was "fails to pay any tax assessed on him." This expres- sion is similar to the amended expression contained in the amended Act of Madras. The expression "due" in the old Act is interpreted to mean "lawfully due". Inferentially it means that the interpretation of the (1) [1949] 1 S.T.C. 180; A.I.R. 1949 Mad. 116. (2) [1949] 1 S.T.C. 211; A.I.R. 1949 Mad. 418. word "due" sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal or application by way of revision the assessment made or an order passed by the assessing authority. If the provisions contained in the Act or the rules made thereunder, and the method and the manner in which the orders are made, are precluded from the cognisance by civil Courts which evidently constitute proper forum to test the legality or otherwise of the orders a fortiori it follows that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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