TMI Blog1967 (7) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... e Madras General Sales Tax Act, 1939. This order was the subject-matter of an appeal under section 11 of that Act. The appellate authority on 3rd October, 1958, revised the original order, which was given effect to by the original authority passing a fresh order dated 30th October, 1958. On 14th February, 1962, the Assessment Commercial Tax Officer, in purported exercise of his power under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curred thereunder and subject thereto, anything done or any action taken including any appointment, notification, notice, order, rule, form, regulation, certificate, licence or permit in the exercise of any power conferred by or under the said Act shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the date on whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the old Act. On a provision more or less like the proviso we are called upon to construe, the Supreme Court in Sales Tax Officer v. Hanuman Prasad[1967] 19 S.T.C. 87. observed: "The rights and liabilities, which had been acquired or incurred under the repealed Act, included the right or liability to be assessed in accordance with the provisions of the repealed Act in respect of turnover of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e under the old provisions, the Commercial Tax Officer alone, as appellate authority by revising his earlier order, could bring to tax the escaped turnover. There is nothing in the proviso to section 61(1), which permits application to such a case of section 16, which vests the power to tax escaped assessment in the original authority even in case of orders revised by the appellate authority. Unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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