LAWS(KAR)-1987-8-3

P Y KAMAT Vs. STATE OF KARNATAKA

Decided On August 26, 1987
P.Y.KAMAT Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners in these writ petitions are all dealers registered under the Karnataka Sales Tax Act (hereinafter referred to as "the Act"). By the Karnataka Sales Tax (Amendment) Act, 14 of 1987, published in the Karnataka Gazette of April 2, 1987, the definition of the "year" in section 2(1)(x) of the Act underwent a change. According to the amended definition, "year" means the year commencing on the first day of April. This amendment was brought into effect from the 1st day of April, 1987. "year" as defined earlier, read as follows :

(2.) This change, brought about by the Amendment Act 14 of 1987, is challenged by the dealers in these writ petitions on various grounds.

(3.) By the amended definition of "year" a uniform financial year applicable to all the assesses for the purpose of assessment under the Act, is prescribed. As could be seen from the definition of "year" before amendment, the assesses were at liberty to adopt any accounting period coterminous with the year for which the accounts of the dealer were ordinarily maintained and closed. Where no such option was exercised, the year commencing on the first day of April and ending on the 31st of March of the succeeding year, would be treated as the assessment year for purposes of assessment. There is no definition of "assessment year" in the Act.