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MADHYA PRADESH VRITTI, VYAPAR, AJIVIKA AUR SEVAYOJAN KAR ADHINIYAM, 1966

MADHYA PRADESH VRITTI, VYAPAR, AJIVIKA AUR SEVAYOJAN KAR ADHINIYAM, 1966

THE MADHYA PRADESH VRITTI, VYAPAR, AJIVIKA AUR SEVAYOJAN KAR ADHINIYAM 1966

[Act No. 26 of 1906]

[18th October, 1966]

PREAMBLE

An Act to provide for the levy of a tax on professions, trades, callings and employments in Madhya Pradesh.

Be it enacted by the Madhya Pradesh Legislature in the Seventeenth Year of the Republic of India as follows:-

Section 1 - Short title and extent

(1)     This Act may be called the Madhya Pradesh Vritti Vyapar, Ajivika Aur Sevayojan Kar Adhiniyam, 1966.

(2)     It extends to the whole of Madhya Pradesh.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(i)       "appellate authority" means such officer not below the rank of a Sales Tax Officer or an Additional Sales Tax Officer appointed under section 3 of the Madhya Pradesh General Sales Tax Act, 1958 (No. 2 of 1959), as may be authorised by the State Government to perform the functions of appellate authority under this Act;

(ii)      "assessing-authority" means such officer not below the rank of an Assistant Sales Tax Officer appointed under section 3 of the Madhya "Pradesh General Sales Tax Act, 1958 (No. 2 of 1959), as may be authorised by the State Government to perform the functions of assessing authority under this Act;

(iii)     "income" means--

(a)      profits and gains;

(b)      salary including the value of any perquisite or profit in lieu of salary;

(c)      dividend and interest;

(d)      the value of any benefit or perquisite, whether convertible into money or not, obtained from a company either by a director or by a person who has a substantial interest in the company, and any sum paid by any such company in respect of any obligation which, but for such payment, would have been payable by the director or other person aforesaid;

accruing or arising to a person within the State from any profession, trade, calling, other than agriculture, or employment;

(iv)    "person" includes an individual, a Hindu undivided _ family, company, an incorporated body, a firm, a society or any other association of persons:

(iii-a) "local authority" means a municipal Corpora-- tion, Municipal Council, notified area committee, town area committee, cantonment board, Janapada Sabha, Kendra Panchayat, Mandal Panchayat, Gram Panchayat and such other local body or authority as may be notified by the State Government in this behalf.

(v)      "previous year" means--

(a)      twelve months expiring on 31st March immediately preceding the year in respect of which assessment is to be made; or

(b)      if the accounts of any person have been made up to a date within the said 12 months in respect of a year ending on any date other than the 31st day of March; then the year ending on the date up to which his accounts have so been made up;

(vi)    "principal officer" in relation to a person employed under any Government local authority, corporation owned or controlled by any Government, company or society, means such officer of that Government, local authority, corporation, company or society as may be prescribed,

(vii)   "revising authority" means such officer not below the rank of a Deputy Commissioner or Additional Deputy Commissioner of Sales Tax appointed under section 3 of the Madhya Pradesh General Sales Tax Act, 1958 (No. 2 of 1959), as may be authorised by the State Government to perform the functions revising authority under this Act.

Section 3 - Liability to tax

(1)     Any person who carries on a grade either himself by an agent or representative, or who follows a profession or calling, other than agriculture, or who is in employment, either wholly or in part in Madhya Pradesh, snail, subject to the provisions of this Act, pay; from and after the 1st day of April, 1966 for each financial year a tax in respect of such profession, trade, calling or employment, at the rate specified in the Schedule if his income, in respect of such profession, trade, calling or employment during the previous years is,--

(a)      in the case of a person, outer than Hindu undivided family four thousand and two hundred rupees and above; and

(b)      in the case of an Hindu undivided family, six thousand rupees and above;

and such tax shall, be payable in addition to any tax, duty or fee which, he is liable to pay under any other law for the time being in force in respect of such profession, trade, calling or employment.

(2)     Any person who is in employment in Madhya Pradesh shall be deemed, to be in employment even though he may be absent therefrom on leave or otherwise.

Section 4 - Power to exempt

Where the State Government is of the opinion that it is necessary or expedient so to do, either in the public interest or (sic) regard to the peculiar circumstances of any case, it

(1)     Any person who carries on a trade, either himself or by an agent or representative, or who follows a profession or calling, other than agriculture, or who is in employment either wholly or in part in Madhya Pradesh, shall, subject to the provisions of this Act, pay for each financial year, a tax in respect of such profession, trade calling or employment, at the rate specified in the Schedule if his income, in respect of such profession, trade, calling or employment during the previous year is, six thousand rupees and above and such tax shall be payable in addition's to any tax, duty or fee which he is liable to pay under any other law for the time being in force in respect of such profession, trade, calling or employment.]

3-A. Computation profits

For the purpose of computing the income from profits and gains in respect of a previous year, the following deductions shall be made, namely:--

(1)     cost price of all kinds of raw materials used in the manufacture of goods during the previous year reduced by the value of the closing stocks of the manufactured goods at the end of the said previous year;

(2)     cost price of the goods sold during the previous year;

(3)     cost price of packing materials used in the goods sold during the previous year;

(4)     salary and wages of persons engaged in productive work;

(5)     salary and wages of other persons engaged in the profession, trade or calling;

(6)     rent in respect of building to house the business as well as rent on account of machinery, furniture and other similar goods taken on lease or hire;

(7)     rent of budding taken on hire in connection with the profession or calling;

(8)     local rates and all kinds of taxes, excluding tax on income;

(9)     cost of insurance of factory, goods in trade and business premises ;

(10)   repairs and renewals of plant, machinery and' tools connected with the business;

(11)   repairs of lands and buildings in respect of the premises where the business is carried on ;

(12)   repairs and renewals of immovable property let out on rent subject to a maximum of 6 1/4 of the annual rental value;

(13)   interest on borrowed capital;

(14)   electric charges in respect of the factory and business premises or the premises in connection with the profession or calling ;

(15)   cost price of gas, fuel and lubricants;

(16)   such other deductions as may be prescribed

may, by notification and subject to such conditions, if any, as it may specify in the notification,--

(a)      exempt any person or class of persons from the operation of all or any of the provisions of this Act; and

(b)      cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions.

Section 5 - Taxing Authority

The assessing authority, the appellate authority and the revising authority shall exercise such powers and perform such duties as may be conferred or imposed upon them by or under this Act. 

Section 6 - Submission if returns and payment of tax

(1)     Every person liable to pay tax under this Act shall by the 30th day of June, in each financial year, file before the assessing authority a correct and complete return setting forth his income in the previous year in such form and containing such particulars as may be prescribed: such particulars as may be prescribed:

Provided that the assessing authority may, for sufficient cause to be recorded in writing, extend the date for filing the return:

Provided further that any person who has paid at source), or has deposited in the Government treasury, in the prescribed manner, the maximum amount or tax mentioned in the Schedule, shall not be required to submit any return for the year for which the tax has been so paid or deposited.

(2)     Every person liable to file a return under sub-section (1) shall, before he files a return, pay into a Government treasury the full amount of tax due on the basis of such return and shall furnish along with the return/a receipt in token of such payment, unless the tax payable by such person has been deducted at source by the principal officer.

Section 7 - Assessment of tax

(1)     If the assessing authority is satisfied that the return filed under section 6 is correct and complete, it shall, by an order in writing, assess the person and determine the tax payable by him on the basis of such return.

(2)     If the assessing authority is not satisfied that the return filed under section 6 is correct and complete, it shall serve on the person concerned a notice in the prescribed form requiring him either to attend in person or to produce or cause to be produced evidence in support of the return on the date, at the hour and place to be specified in the notice.

(3)     On the date specified in the notice under sub-section (2) or as soon afterward as may be, the assessing authority after taking such evidence as it may require to be produced, shall, by an order in writing, assess the person and determine the tax payable by him.

(4)     If any person fads to file a return as required by section 6, or having filed the return, fails to comply with the terms of the notice issued under sub-section (2), the assessing authority shall, by an order in writing, assess the person to the best of its judgment, and determine the tax payable by him.

Section 8 - Penalty

If any person liable to furnish a return under sub-section (1) of section 6 fails, without sufficient cause, to furnish it by the date and in the manner prescribed thereunder, the assessing authority may, after giving such person a reasonable opportunity of being heard, direct him to pay, by way of penalty, a sum not exceeding one-fourth of the amount of tax which may be assessed on him under section 7

Section 9 - Notice of demand

Where any tax or penalty is payable in consequence of any order passed under or in pursuance of this Act, the assessing authority shall serve on the person concerned a notice of demand in the prescribed form specifying the amount so payable The amount of tax or penalty as specified in the notice shall be paid by such date as may be specified therein and where no such date is specified, it shall be paid within thirty days' from the service of the notice of demand.

Section 10 - Recovery as arrears of land revenue

Any tax or penalty or part thereof remaining unpaid after the date specified for its payment shall be recoverable as an arrear of land revenue.

Section 11 - Deduction of tax at, source and furnishing of Statements by principal officer

(1)     The tax payable under this Act by any person if the employment of any Government, local authority corporation owned or controlled by any Government, company or society shall, in the manner prescribed, be deducted by the principal officers from the salary, allowance, commission or any other remuneration payable to such person in respect of such employment

Explanation.--For the purpose of this sub-section local authority" shall include a Cantonment Board.

(2)     The principal officer making any deduction under subsection (1) shall issue a receipt therefor to the assessee in the prescribed term and shall submit to the assessing authority such statements within such time and containing such particulars as may be prescribed.

(3)     The principal officer other than a treasury officer deducting any tax under sub-section (1) shall, in the prescribed manner, deposit the amount in a Government treasury within fifteen days of such deduction and shall furnish, along with the statements required to be filed under sub-section (2) a receipt from such treasury in token of such deposit.

Section 12 - Principal officer to deduct any tax or penalty on requisition and deposit it into the treasury

(1)     The assessing authority may require a principal officer to deduct from the salary, commission, allowance, or any other remuneration payable to a person in respect of his employment, any lax or penalty due from such person under this Act, and such officer shall comply with, such requisition.

5.     (1) The administration of the Act, shall vest in the Commissioner of Sales Tax appointed under section 3 of the Madhya Pradesh General Sales Tax Act, 1958 (2 of 1959), who shall for the purpose of this Act, he designated as Profession Tax Commissioner.

(2) The Profession Tax Commissioner shall exercise the powers of general superintendence and control over the authorities appointed under this Act.

(3) The Profession Tax Assessing Authority, the Profession Tax Appellate Authority and the Profession Tax Revisional Authority shall exercise such powers and perform such duties as may be conferred or imposed upon them by or under this Act.

6.     (1) Every person liable to pay tax under this Act shall in each financial year, file before the Profession Tax Assessing Authority by such date as may be prescribed, a correct and complete return setting forth his income in the previous year, in such form and containing such particulars as may be prescribed:

Provided that the Profession Tax Assessing Authority may, for sufficient cause to be recorded in writing extend the date for filing the return:

Provided further that where a person liable to pay tax under this Act derives income from any profession, trade, calling other than agriculture or employment at places located within the territorial jurisdiction of more than one Profession Tax Assessing Authority he shall file the return before such Profession Tax Assessing Authority as may be prescribed:

Provided also that-

(a)      any person who has deposited in the Government treasury in the prescribed manner the maximum amount of tax mentioned in the Schedule before such date as may be prescribed shall not be required to file any return in the financial year for which the tax has been so deposited;

(b)      the State Government may, subject, to such conditions as may be specified, exempt any claim persons from filing a return.

(2) Every person liable to file a return under subsection (i) shall, before he files a return, pay into the Government treasury the full amount of Surtax due on the basis of such return in the prescribed manner and shall furnish along with the return a receipt in token of such payment, unless the tax payable by such person has been deducted at source by the principal officer.

(2)     The tax or penalty deducted under sub-section (1) shall be deposited by the principal officer in the Government Treasury within fifteen days from the deduction and a receipt in token of such deposit shall be furnished to the assessing authority.

Section 13 - Personal liability of principal officer

Where any principal officer, other than a treasury officer, wilfully fails to deduct any tax or after deductions wilfully fails to deposit it as required by or under this Act, he shall, without prejudice to any other liability he may incur under this Act or any other law be deemed to be a person in default in respect of the tax not deducted or deposited in which case the amount so due shall be recoverable from him as an arrear of land revenue under section 10.

Section 14 - Assessment of escaped income

If for any reason, any person has not been assessed or has been under-assessed in respect of any year, the assessing authority may, notwithstanding anything contained hereinbefore, at any time within five years next following the year to which the assessment relates, serve on the person liable to pay the tax a notice in such form as may be prescribed and may proceed to assess or re-assess him and the provisions of this Act shall as far as may be, apply accordingly:

Provided that the tax shall be charged at the rate at which he would have been charged if the person had not escaped assessment or full assessment, as the case may be.

Section 15 - Appeal

(1)     Any person, aggrieved by an order passed by an assessing authority or any deduction made under this Act may, in the prescribed manner, appeal, within thirty days from the receipt of such order or from the date of deduction, as the case may be, to the appellate authority:

Provided that the appellate authority may admit an appeal after the expiry of the aforesaid period within a further period of thirty days if it is satisfied that there was sufficient cause for the delay:

Provided further that no appeal shall be entertained unless it is accompanied by satisfactory proof of payment to the extent of one-half of the tax assessed or the undisputed amount of the tax, whichever is higher.

(2)     The appellate authority may pass such order on the appeal as it thinks fit and shall send a copy of such order each to the appellant and the assessing authority:

Provided that no enhancement of tax shall be made by the appellate a authority unless the assessee has been afforded a reasonable opportunity of showing cause against the enhancement

Section 16 - Revision

(1)     The revising authority may, for the purpose of satisfying itself as to the legality or propriety of any order made by the appellate authority or assessing authority under this Act call for and (sic), either of its own motion or on the application of the person aggrieved, the record of such case and pass such order as it may think fit:

(1)     The tax payable under this Act, by any person in the employment of any Government, local authority, corporation owned or controlled by any Government, company or society shall, in the manner prescribed, be deducted at source by the principal officer from the salary, allowance, commission or any other remuneration payable to him in respect of such employment and such tax shall be recovered in advance in the same year in which such salary, allowance, commission or any other remuneration sis payable to him.

(2)     The principal officer making any deduction under sub-section (1) shall, subject to such exceptions as may be prescribed, issue a receipt there for to the employee in the prescribed form and shall submit to the Profession Tax Assessing Authority such statements within such time and containing such particulars as may be prescribed.

(2-a) The tax deducted under sub-section (1) by a principal officer, who is a Government servant, shall be credited by book transfer to Government account and

Provided that no such application shall be entertained in any case where an appeal lies against the order, but was not preferred.

(2)     An application under sub-section (1) shall be made within forty five days from the date of receipt of the order complained of.

(3)     The revising authority shall not pass any order adversely affecting any person without giving him a reasonable opportunity of being heard.

Section 17 - Rectification of mistake

(1)     The assessing authority the appellate authority or the revising authority may, at any time, within two years from the date of any order passed by it, on its own motion rectify any mistake apparent from the record and shall within a like period rectify any such mistake which has been brought to its notice by any person affected by such order:

Provided that no such rectification to the disadvantage of any person affected by such order shall be made unless such person has been given a reasonable opportunity of being heard

(2)     Where any such rectification has the effect of reducing the assessment, the--assessing authority shall order any refund which may be due to such person.

(3)     Where any such rectification has the effect of enhancing the assessment or reducing the refund, the assessing authority shall recover the amount due from the person concerned in the manner provided in section 9 and section 10.

Section 18 - Refunds

(1)     If the assessing authority is satisfied that the amount of tax or penalty paid by or on behalf of any person for any year exceeds the amount to which he has been assessed under this Act for that year, he shall cause a refund to be made in cash of any amount in the manner prescribed, found to have been paid in excess.

(2)     Nothing in this section shall operate to validate any objection or appeal which is otherwise invalid or to authorise the revision of any assessment or other matter which has become final and conclusive or the rectification of any mistake by any officer of his decision which is subject to appeal or revision

Section 19 - Power under Code of Civil Procedure

The assessing authority the appellate authority and the revising authority shall, for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (V of 1908) while trying a suit, in respect of the following matters, namely:--

(a)      enforcing attendance of and examining any person on oath or affirmation:

(b)      compelling the production of any document ; and

(c)      passing such interim orders as may be necessary in the ends of justice:

14-A. (1) Notwithstanding anything contained in this Act an assessee may compound the Tax payable.

in any financial year under section 3 by paying in lieu thereof, before such date in the said financial year as may be prescribed an amount equal to the tax payable at the rate mentioned in the schedule in respect of a sum which is ten per cent more than the taxable income as disclosed in the return of income filed by him before any income-tax authority for the purpose of Income Tax Act, 1961(XLIII OF 1961) for the income tax assessment year corresponding to the said financial year:

Provided that an assess from whom tax has already .been recovered at source in advance under section 11 shall be required to pay into a Government treasury only an amount equal to the difference between the compounded tax as calculated under this subsection and the tax already deducted at source.

(2) The assessee paying the compounded tax under subsection (1) shall furnish to the Profession Tax Assessing Authority a statement in such form and in such manner and within such time as may be prescribed along with a receipt from the treasury in token of such payment.

(3) The provisions of sections 6, 7 and 14 shall not apply to any assessee who has paid the tax under subsection (1).

(4) If any person required to furnish a statement under sub-section (2) furnishes a false information about the taxable income disclosed in his return of income for the purpose of the Income Tax Act, 1961 (XLIII of 1961), the Profession Tax Assessing Authority may, after giving such person a reasonable opportunity of being heard, direct him to pay, by way of penalty, a sum not exceeding rupees fifty; and notwithstanding the provisions of sub-section (3) proceed to assess him to tax under section 7.

(1-A) If the Profession Tax Assessing Authority is satisfied that the amount of tax recovered at source under section 11 is in excess of the tax that ought to have been recovered, he shall cause refund to be made in cash, in the manner escribed of the amount that is found to have been recovered in excess and

(3) Notwithstanding the provisions of sub-section ---- (1) or sub-section (1A), the amount of refund shall be adjusted in the prescribed manner against any arrears of tax due under this Act and in the case of an assessee entitled to a refund under sub-section (1-A), the Profession Tax Assessing Authority may direct its adjustment in the prescribed manner against the tax due in a subsequent financial year.

(3) The principal officer, other than a Government servant, deduction any tax under sub-section (1) shall, in the prescribed manner, deposit the amount of tax in a Government treasury within fifteen days of such deduction and shall furnish, along with the statement required to be filed under sub-section (2), a receipt from such treasury in token of such deposit.

and any proceeding before such authority under this Act, shall be deemed to be a "judicial proceeding" within the meaning of section 193 of the Indian Penal Code, 1860 (XLV of 1860) and also for the purposes of section 196 of the said Code.

Section 20 - Offences

(1)     Any person who wilfully or knowingly files a false return, or without reasonable cause fails to pay the tax due within the time allowed or wilfully conceals his liability to pay such tax shall, without prejudice to the recovery of any tax that may be due from him, on conviction be punishable with fine which may extend to five hundred rupees.

(2)     No Court shall take cognizance of any offence punishable under this Act except with the, previous sanction of such authority as may be prescribed and no Court inferior to that of a Magistrate of the first class shall try any such offence

Section 21 - Power to compound offences

(1)     Subject to such conditions as may be prescribed, the assessing authority may either before or after the institution of proceedings under this Act permit any person charged with an offence under this Act to compound the offence on payment of such sum not exceeding five hundred rupees, as the assessing authority may determine.

(2)     On payment of such sum as may be determined by the assessing authority under sub-section (1), the accused person shall be discharged and no further proceedings shall be taken against him in respect of the same offence.

Section 22 - Principal officer to furnish required information

The assessing authority may demand from, any principal pal officer the names and complete addresses of all or any of the persons, in relation to whom he is principal officer, and such principal officer shall thereupon furnish the assessing authority with the information so demanded.

Section 23 - Bar of prosecution where penalty imposed

No prosecution for contravention of any provisions of this Act shall be instituted in respect of the same facts in which a penalty has been imposed under section 8.

Section 24 - Protection against suits or other proceedings

(1)     No suit shall lie in any civil court to set aside or modify any assessment made or order passed under the provisions of this Act.

(2)     No prosecution, suit or other proceedings shall lie against any officer or authority or any principal officer for any-thing done or intended to be clone in good faith under this Act or the rules made thereunder.

Section 25 - Power to make rules

(1)     The State Government may make rules for carrying out the purposes of this Act.

(2)     In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:--

(a)      the persons deemed to be principal officers;

(b)      the form and the manner in which the returns of income shall be files under sub-section (1) of section 6.

Provided that where the Principal Officer in relation to a person employed under any Government is a person outside the State, then such officer of the Government within the State as may be prescribed shall be deemed to be the Principal Officer in relation to such person for the purpose of this section.

(c)      the form and manner in which the tax or penalty under this Act shall be paid ;

(d)      the form of the notice to be served on the person under sub-section (2) of section 7 or section 9, section 14

(e)      the manner in which the principal officer shall demand the tax at source and deposit it into treasury form of receipt to the issued therefor and the (sic) and the manner in which in which and the time with which the statements shall be furnished by the principal officer under section 11.

(f)       the manner in which an appeal shall be preferred under sub-section (1) of section 15 ;

(g)      the procedure to be followed by the appellate and revising authority, in hearing appeals and applications for revisions:

(h)     the manner in which refund shall be made under section 18 ;

(i)       the authority sanctioning prosecution under section 20;

(j)       the conditions subject to which offences may, be compound under section 21;

(k)      all matters which are expressly required to be prescribed under this Act.

(3)     All rules made under this section shall be laid on the

Table of the Legislative Assembly

Section 26 - Repeal and savings

The Madhya Pradesh Vritti, Vyapar, Ajivika Aur Sevayojan Kar Adhyadesh, 1966 (No. 7 of 1966) is hereby repealed:

Provided that such repeal shall not affect the previous operation of the Madhya Pradesh Finance Act, 1938 (XIII of 1938) repealed by the said Adhyadesh or any right, title, obligation or liability acquired, accrued or incurred thereunder; and, in particular, any assessment, appeal, revision or other proceeding arising under the said Act and the rules made thereunder shall be made, heard or decided in accordance with the provisions thereof and the rules made thereunder and by the officers empowered to do so thereunder as if the said Act had not been repealed.

Section 27 - Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the corresponding provisions of the Madhya Pradesh Finance Act, 1938 (XIII of 1938) the Slate Government may, by order notified in the official Gazette, make such provisions not inconsistent with this Act as appear to it to be necessary or expedient for removing the difficulty.

(b)   the form and the manner in which the returns of income shall be filed under sub-section (1) of section 6 and the Profession Tax Assessing Authority to whom the return shall be filed under the second proviso to sub-section (1) of section 6]

(d)   the form and manner in which the notice shall be served on the person under sub-section. (2) of section 7 or section 9 or section 14.

(ee) the form and manner in which the statement under sub-section (2) of section 14-A shall be furnished;

(e)   the manner in which the principal officer shall deduct the tax at source, the exceptions where the principal officer need not issue a receipt for the tax collected at source, the manner in which the principal officer shall deposit the tax into the treasury and the form and the manner in which the statements shall be furnished under section 11 and

SCHEDULE

Rate-of tax

[Section 3 (1)]

Where the income is--

A mount of tax

(1) Rs. 6000

 

(2) Rs 7500 or above but less than Rs. 10,000

 Rs. 50

(3) Rs. 10,000 or above but less than Rs. 15,000.

Rs. 75

(4) Rs. 15,000 or above but less than Rs. 20,000

Rs. 125

(5) Rs. 20,000 or above but less than Rs. 25,000

Rs. 150

(6) Rs. 25,000 or above but less than Rs. 30,000

Rs. 200

(7) Rs. 30,000 or above

Rs. 250

26-A Special provision regarding arising or pending under Madhya Pradesh Act XIII of 1963. Notwithstanding anything contained in section 26-

(i)       any assessment, appeal, revision or other proceeding arising under the Madhya Pradesh Finance Act, 1938 (XIII of 1938), and the rules made thereunder on or after the date of coming into force of the Madhya Pradesh Vritti, Vyapai, Ajivika Aur Sevayojan Kar (Sanshodhan) Adhiniyam, 1971, shall be made or heard and decided by the officer or authority competent to make the assessment or to hear and decide such appeal, revision or other proceeding under this Act; and

(ii)      any assessment, appeal, revision or other proceeding arising under the Madhya Pradesh Finance Act, 1938 (XIII of 1938), and the rules made thereunder and pending before any officer or authority duly empowered to make assessment or hear and decide such appeal, revision or other proceeding immediately preceding the date of coming into force of the Madhya Pradesh Vritti, Vyapar, Ajivika Aur Sevayojan (sic)ar (Sanshodhan) Adhiniyam, 1971 shall on the date of such commencement stand transferred to the officer or authority competent to make assessment or to hear and decide appeal, revision or other proceeding under this and the officer or authority making the assessment or hearing and deciding the appeal, revision or other proceeding under paragraph (i) above or the officer or authority to whom such assessment, appeal, revision or other proceedings stand transferred under paragraph (ii) above shall proceed to dispose of the same in accordance with the provisions of the Madhya Pradesh Finance Act, 1938 (XIII of 1938) or the rules made thereunder as if they were the officers or authorities duly empowered thereunder for the purpose.