SAVAMALAI ESTATES LTD Vs. AGRICULTURAL INCOME-TAX OFFICER

JUDGEMENT

(1.) THE vires of Section 16 A (4) and Section 16 A (5) of the Tamil Nadu Agricultural Income Tax Act is under challenge in this writ petition.

(2.) THE petitioner is a Company registered under the Companies Act and the same is an assesee under the Tamil Nadu Agricultural Income Tax Act (hereinafter referred to as 'the Act'). THE petitioner-Company filed agricultural income tax returns for the assessment year 1994-95 to 1997-98 as per Section 17 (3) of the Act. THE said assessment have become final. Subsequently, according to this petitioner, notices were issued by the respondents under Section 16 A(4) and Section 16 A(5) of the Act stating that the petitioner had not remitted the self assessment tax at 80% of the income before 28th February of the relevant previous year and accordingly, the petitioner was liable to pay interest and penalty under the aforesaid provisions of the Act. THE petitioner was called upon to submit his objections. Accordingly, objections were submitted. THE petitioner also filed separate petitions for each assessment year for waiver of penalty and interest as subsequently the differential amount was also paid. Those applications were rejected. Challenging such rejection orders, the petitioner has filed W.P. Nos.7760 to 7763/2000 which are also disposed of today by a separate order.

(3.) I have heard the learned senior counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the records carefully.