9911796707
TMI Blog2004 (5) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... he Punjab General Sales Tax Act, 1948 (hereinafter to be referred as "the Act") and is engaged in the manufacture and production of copper wire for sale. The petitioner-firm filed quarterly returns for financial year 1997-98 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 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licable to the assessment years prior to the date of issue of the notification as it would result into anomalous situation. It was stated that the amending section 11 of the Act is prospective and not retrospective and, therefore, 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 prescri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vided for any retrospective operation of the new Act either expressly or by implication. Section 4 of the Punjab General Clauses Act contemplates that in the absence of any contrary intention expressly or impliedly, any right, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the HGST Act on the date when return is filed or is required to be filed. Therefore, the provisions of section 39(5) of the HGST Act would continue to govern the right of appeal vested in the petitioner which is saved in terms 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 proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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