Commissioner of Income Tax, New Delhi Vs. M/s. National Agrl. Corpn. Mkt. Fedn. Ltd.
EmailAppeal: Civil Appeal No. 2135 of 2000
(Arising out of S.L.P.(C) No.8918 of 1999)
Petitioner: Commissioner of Income Tax, New Delhi
Respondent: M/s. National Agrl. Corpn. Mkt. Fedn. Ltd.
Apeal: Civil Appeal No. 2135 of 2000
(Arising out of S.L.P.(C) No.8918 of 1999)
Judges: S.P. BHARUCHA, S.S. MOHAMMED QUADRI & SHIVARAJ V. PATIL, JJ.
Date of Judgment: Mar 15, 2000
Head Note:
INCOME TAX
Income Tax Act, 1961
Section 80(P)(2)(a)(iii) (As amended by IInd Amendment Act of 1999) – Retrospective effects – Amendment effective from 1.4.68 – Order under challenge, subsequent to amendment – No note taken – Writ filed for challenging validity of such amendment. Held that order under appeal is set aside and matter be restored to file of High Court for consideration with Writ Petition.(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. The notice that was issued on the Special Leave Petition stated that the matter might be disposed of at this stage by an order remitting the tax reference case to the High Court for being heard afresh.
3. The question, basically is in regard to the retrospective operation of Section 80(P)(2)(a)(iii) of the Income Tax Act, as amended by the IInd Amendment Act of 1999, with retrospective effect from 1st April, 1968. The order under challenge, though subsequent to the date of the amendment, does not take note thereof. The Respondents have now filed a Writ Petition in the High Court (Writ Petition No.1003 of 1999) which challenges the validity of the said amendment. It is, therefore, appropriate that the appeal be allowed, the order under appeal be set aside and this matter (I.T.R.No.227 of 1978) be restored to the file of the High Court to be heard and considered afresh, along with the Writ Petition.
4. Order on the appeal accordingly.
5. No order as to costs.
1. Leave granted.
2. The notice that was issued on the Special Leave Petition stated that the matter might be disposed of at this stage by an order remitting the tax reference case to the High Court for being heard afresh.
3. The question, basically is in regard to the retrospective operation of Section 80(P)(2)(a)(iii) of the Income Tax Act, as amended by the IInd Amendment Act of 1999, with retrospective effect from 1st April, 1968. The order under challenge, though subsequent to the date of the amendment, does not take note thereof. The Respondents have now filed a Writ Petition in the High Court (Writ Petition No.1003 of 1999) which challenges the validity of the said amendment. It is, therefore, appropriate that the appeal be allowed, the order under appeal be set aside and this matter (I.T.R.No.227 of 1978) be restored to the file of the High Court to be heard and considered afresh, along with the Writ Petition.
4. Order on the appeal accordingly.
5. No order as to costs.
