TMI Blog1971 (8) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... f 1964? (2) In either case, what would be the proper rate of tax on yarn for the year 1958-59?" It may be stated here that in question No. (1) reference to Act No. 15 of 1964 appears to be a clerical mistake. It has been admitted by the learned counsel of the two sides that it was Act No. 14 of 1964 to which the reference was meant. Hence we shall modify question No. (1) so as to read Act No. 14 in place of Act No. 15 of 1964. The assessee is a dealer in cotton yarn. The assessment year in dispute is 1958-59. The assessee's books of accounts were not accepted and a best judgment assessment was made of the turnover of cotton yarn. The rate of tax on the turnover of cotton yarn was 6 pies per rupee up to 31st July, 1958, and it was 2 pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court(a) any such notification shall be deemed always to have been valid, and (b) anything done or any action taken including any order made, proceeding taken, direction issued, jurisdiction exercised, assessment made and tax levied or collected, purporting to have been done or taken in pursuance of any such notification shall be deemed to have been validly and lawfully done or taken." This amendment clearly validates the notification in question which was invalid to begin with in view of the decision of this court in Ram Niwas Sant Lal[1964] 15 S.T.C. 523. Sri Raja Ram Agarwal, learned counsel for the assessee, however, contends that the notification of 1st August, 1958, was later on superseded by another notification No. S.T. 4921/X ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it appears that the reference to the entire assessment year 1958-59 is incorrect. The dispute only relates to the turnover of the period 1st August, 1958, to 31st March, 1959. We are not concerned with the rate applicable for the period of assessment year 1958-59 from 1st April, 1958, to 31st July, 1958. We would, therefore, reframe question No. (2) as below: "In either case what would be the rate of tax on yarn for the period 1st August, 1958, to 31st March, 1959, falling in the assessment year 1958-59." The notification of 1st August, 1958, had fixed the rate of tax at. 2 per cent. That notification having been validated, the rate of tax for that period would be 2 per cent. We accordingly answer question No. (2) as reframed by us by s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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