9911796707
TMI Blog1960 (11) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 34 of the Indian Income-tax Act ? (2) If so, whether in the circumstances of the case the amount received from interest on arrears of agricultural rent was rightly included in the income of the assessee ? " The assessee, the Maharaja Pratapsingh Bahadur of Gidhaur, had agricultural income from his zamindari for the four assessment years, 1944-45 to 1947-48. In assessing his income to income-tax, the authorities did not include in his assessable income interest received by him on arrears of rent. This was presumably so in view of the decision of the Patna High Court. When the Privy Council reversed the view of law taken by the Patna High Court in Commissioner of Income-tax v. Kamakhya Narayan Singh the Income-tax Officer is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 34, as it stood prior to the Amendment Act No. 48 of 1948, did not lay any duty upon the Income-tax Officer to seek the approval of the Commissioner before issuing a notice under section 34. The amending Act by its first section made sections 3 to 12 of the amending Act retrospective by providing " sections 3 to 12 shall be deemed to have come into force on the 30th day of March, 1948 ...... " Section 8 of the amending Act substituted a new section in place of section 34, and in addition to textual changes with which we are not concerned, also added a proviso to the following effect : " Provided that --- (1) the Income-tax Officer shall not issue a notice under this sub-section unless he has recorded his reasons for doing so and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , accrued or incurred under any enactment so repealed. It further provides that any legal proceedings may be continued or enforced as if the repealing Act had not been passed. Now, if the amending Act had repealed the original section 34, and merely enacted a new section in its place, the repeal might not have affected the operation of the original section by virtue of section 6. But the amending Act goes further than this. It repeals the original section 34, not from the day on which the Act received the assent of the Governor-General but from a stated day, viz., March 30, 1948, and substitutes in its place another section containing the proviso above mentioned. The amending Act provides that the amending section shall be deemed to have co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
