TMI Blog2004 (5) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... 97-98 for all the quarters. The last date for filing the returns for the assessment year 1997-98 was April 30, 1998. The returns were filed before the said date. The assessing authority initiated proceedings for assessment under the Act for the assessment year 1997-98 with the issuance of notice dated September 4, 1998. The said proceedings were not completed and again the petitioner was called upon vide notice dated July 4, 2002 to appear before the assessing authority along with relevant account books, etc., for the said assessment year. 3.. The petitioner-firm has challenged the said notice on the ground that by virtue of the Punjab General Sales Tax (Amendment) Ordinance, 1998 (Punjab Ordinance No. 1 of 1998) followed by the Punja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, the proceedings for finalisation of assessment is within the jurisdiction of the Assessing Authority. 7.. Learned counsel for the petitioner has relied upon recent decision of the division Bench of this Court in Oswal Agro Mills Ltd. v. State of Punjab (Civil Writ Petition No. 12974 of 2003, decided on 22-03-2004). Reported in [2005] 139 STC 51. 8.. Whether the amendment carried out by the amending Act creates substantive right in favour of the assessee for completion of assessment within the period prescribed and whether such substantive right would be applicable in respect of assessment year 1997-98 is a question which arises for determination before this Court. 9.. We have heard learned counsel for the parties and we find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght, privilege, liability or obligation under the old law will continue to be governed under the old law. The assessee has a right to file appeal under the HGST Act with a liability or obligation to pre-deposit the amount of tax, interest and penalty. Such obligation or liability confers a right in favour of the State to insist upon pre-deposit of tax, interest or penalty. From the judgments of the honourable Supreme Court in Hoosein Kasam Dada's [1953] 4 STC 114 and Garikapati Veeraya's case AIR 1957 SC 540, it is apparent that the right of appeal is a vested right and accrues to the litigant and exists as on and from the date the lis commences. Such right is actually exercised when the adverse judgment is pronounced. Such right is to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms of section 4 of the Punjab General Clauses Act, 1898 (as applicable to State of Haryana)." 10.. The said view was applied in respect of amendment made by the State of Punjab in Oswal Agro Mills Ltd.'s case [2005] 139 STC 51 (P H) as well. 11.. The substituted section 11 created a substantive right in favour of an assessee to get his assessment finalised within the time prescribed. Therefore, keeping in view the above principles laid down, the provisions of the amending Act would be applicable to the proceedings pertaining to the assessment year 1997-98 as the last date prescribed for the last return was after the promulgation of the Ordinance. 12.. Consequently, we find that notice dated July 4, 2002, annexure P-2, could not be iss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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