TMI Blog2013 (5) TMI 649X X X X Extracts X X X X X X X X Extracts X X X X ..... the amended provisions are applicable for the assessment year in question and the same could be applied to the previous year irrespective of the fact that in the previous year the said provision was not there. It is not the case of the petitioner that the impugned provisions are beyond legislative competence or violate fundamental rights. In absence thereof, only question is of interpretation. In the face of the plain language of the provisions of 8B it is not possible to hold that the amended provisions did not apply for the assessment year 2009-2010 as such provisions were brought for the first time in the assessment year. Same is the position with regard to liability to pay interest. Petitioner's reliance upon the judgment of J.K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0. In W.P.(C) No.3768 of 2012 challenge is to the applicability of Section 8B as amended by Act XXVII of 2010. 3. Case of the petitioner is that it is manufacturing and selling tea and is covered by the Act and the Rules. Section 3 of the Act brings to charge the agricultural income for the previous year. Vide State Act VIII of 2009, Section 8B has been inserted providing that sixty percent of the book profit shall be deemed to be agricultural income computed in the manner referred to in Section 115 JB of the Income Tax Act, 1961. The Act came into force on 1st April, 2009. By Act XXVII of 2010 rate of tax has been enhanced. 4. According to the petitioner, since the amending Act VIII of 2009 came into force on 1.4.2009, it could not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to pay interest is consequential and is attracted under Section 35C. Interest on non-payment of advance tax by the end of financial year is governed under Section 35H. The said provisions are reproduced below : 35A. Estimate by assessee - (1) If an assessee, who is required to pay advance ax under section 35, estimates at any time before the last installment of the advance tax is due in his case and finds that by reason of his income of the year, for which he is liable to pay advance tax being likely to be more or less than the income on which the advance payable by him under section 35 or for any other reason, the advance tax payable by him would be more or less than the amount which he is so required to pay, he shall furnish to the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Explanation.- In this section, the expression advance tax means the agricultural income tax payable in advance in accordance with the provisions of section 35 of this section. (5) In the case of an assessee who has been already assessed by way of regular assessment in respect of total agricultural income of any previous year and who has not paid any advance tax under section 35, the Agricultural Income Tax Officer, if he is of the opinion that such assessee is liable to pay advance tax, may at any time during the financial year but not later than last day of February, by an order in writing require such assessee to pay advance tax calculated on the total agricultural income of the latest previous year in respect of which the assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e than the amount of advance tax specified in such order or amended order, send an intimation as provided in sub-section (1) to the Agricultural Income Tax Officer to that effect and pay such advance tax as accords with his estimation the instalment or instalments on or before the due date or each of the due dates prescribed under section 35 falling after the date of such intimation. 35C. Interest payable by assessee - (1) Where on making the regular assessment under section 20, the Agricultural Income Tax Officer finds that no payment of advance tax has been made in accordance with the provisions of section 35 or section 35A, interest at the rate of two per centum for each English Calendar month from the first day of April succeeding the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agricultural income computed as per provisions of the Income Tax Act, 1961 is less than ten percent of the sixty percent of the book profit computed in the manner as referred to in section 115 JB of the Income Tax Act, 1961, sixty percent of such book profit shall be deemed to be the agricultural income for the purpose of levy of agricultural income tax under this Act of such assessee and the assessee shall be liable to pay agricultural income tax at the rate of ten percent of such agricultural income. 8. In the face of the plain language of the above provisions, it is not possible to hold that the amended provisions did not apply for the assessment year 2009-2010 as such provisions were brought for the first time in the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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