Case: Raja Yuvraj Dutt Singh Vs. The Deputy Commissioner, Kheri Ors

the assessing authority recover any sum imposed by way of penalty under the provisions of Sections 17, 31, 37, or, where any assessee is in default the amount assessed as agricultural income-tax, as if it were an arrear of land revenue.(2) No proceedings for the recovery of any sum payable under this Act shall be commenced after the expiration of one year from the date on which the last instalment fixed under Section 30 falls due:Provided..............."It was common ground before the High Court and has not been disputed before us that the date of last instalment for the years 1360 F. to 1362 F. was June 28, 1960. The date of last instalment for the year 1363 F. was September 19, 1958. The order of attachment having been made on March 10, 1962 was clearly beyond one year from June 28, 1960 and September 19, 1958. The question which arose was whether the recovery proceedings were commenced before March 10, 1962. According to the assessee the recovery proceedings commenced only when the attachment was effected and not earlier and that they could be said to commence only when some actual process was issued under the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950, Act I of 1951.4. Now as regards the years 1360 F. and 1361 F. the evidence which was admitted by the Division Bench showed that the Deputy Commissioner, who was the assessing authority, had made orders directing the Tahsildar to realise various sums as arrears of land revenue. Thus, according to the High Court, the proceedings for recovery commenced with the making of these orders, (Annexures A-I to A-5). It was pointed out that these orders were made on various dates ranging between October 9, 1960 to December 2, 1960. These dates were within one year from June 28, 1960 which was the last date of instalment for the years 1360 F and 1361F.5. The question which falls for determination is whether proceedings can be said to commence for recovery when the assessing authority makes a motion within Section 32 (1) to the Collector for recovery of the agricultural income tax and penalty as an arrear of land revenue. The Allahabad High Court has consistently held that proceedings for recovery of tax under the Act should be deemed to commence from the date of the request made by the assessing authority under the Act to the Collector to take steps for realization of the arrears of tax and other dues;(see Lal Bhan Pratap Narain Bahadur Pal v. State of Uttar Pradesh, 1962 All LJ 358). This view is based on various decisions under the Indian Income-tax Act 1922. Section 46 (7) of that Act provided that no proceedings for the recovery of any sum payable under that Act could be commenced after the expiration of one year from the last day of the financial year in which the demand was made under that Act. Under Section 46 (2) the Income-tax Officer was empowered to forward to the Collector a certificate specifying the amount of arrears due from an assessee and the Collector on receipt of such certificate had to proceed to recover from such assessee the amount specified therein as if it were an arrear of land revenue. This provision together with Section 46 (7) came up for consideration in a number of cases before the High Courts and there appears to be unanimity of opinion that when the certificate is forwarded by the Income-tax Officer to the Collector for recovery of the dues the recovery proceedings commence from that point of time. Some of these have been referred to in Kishorilal v. Tirloki Nath, 1962 All LJ 360 and it is pointless to refer to them again.6. In our judgment there is hardly much difference between the provisions of Section 32 of the Act and the corresponding provisions of Section 46 of the Income-tax Act, 1922. Both these statues relate to taxation of income and the provisions in question are in pari materia although the words employed may not be exactly the same.The proceedings for recovery, therefore, in the present case, were rightly held to have commenced with the making of the orders contained in annexures A-1 to A-5.7. As regards the assessment for the year 1362F it has been pointed out on behalf of the assessee that the original orders passed for taking proceedings for realization of tax were missing from the record. The High Court, however, relied on the entries of the registers of demand and collection and was satisfied that "some order for realization of tax for 1362F was received by the Tahsildar of Lakhimpur in July or August 1960". That date being within one year from June 28, 1960 the recovery proceedings were held to be within time. It appears that the departmental authorities did not produce satisfactory evidence relating to the making of orders for realization of the tax in respect of the year 1362F inasmuch as the original orders were not produced. The learned Judges of the High court, as stated before, saw the register and after examination of the entries therein were satisfied that an order had been made for realization of tax within one year from June 28, 1960. We would be most reluctant to interfere with that finding. So far as the year 1363F was concerned the date of last instalment was September 19, 1958. According to annexure A-5 the Sub-Divisional Officer, Lakhimpur, made an order on October 1, 1959 with regard to the demand for that year. The High Court found that the Deputy Commissioner had made an endorsement on October 5, 1959. As the order was made on October 1, 1959 it was beyond one year from September 19, 1958. In the appeal filed by the departmental authorities it has not been shown in what manner the High Court was in error in holding that the proceedings for recovery of tax and penalty for the year 1363F were barred by time.8.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]As regards the assessment for the year 1362F it has been pointed out on behalf of the assessee that the original orders passed for taking proceedings for realization of tax were missing from the record. The High Court, however, relied on the entries of the registers of demand and collection and was satisfied that "some order for realization of tax for 1362F was received by the Tahsildar of Lakhimpur in July or August 1960". That date being within one year from June 28, 1960 the recovery proceedings were held to be within time. It appears that the departmental authorities did not produce satisfactory evidence relating to the making of orders for realization of the tax in respect of the year 1362F inasmuch as the original orders were not produced. The learned Judges of the High court, as stated before, saw the register and after examination of the entries therein were satisfied that an order had been made for realization of tax within one year from June 28, 1960. We would be most reluctant to interfere with that finding. So far as the year 1363F was concerned the date of last instalment was September 19, 1958. According to annexure A-5 the Sub-Divisional Officer, Lakhimpur, made an order on October 1, 1959 with regard to the demand for that year. The High Court found that the Deputy Commissioner had made an endorsement on October 5, 1959. As the order was made on October 1, 1959 it was beyond one year from September 19, 1958. In the appeal filed by the departmental authorities it has not been shown in what manner the High Court was in error in holding that the proceedings for recovery of tax and penalty for the year 1363F were barred by time.