Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: COMMISSIONER OF INCOME-TAX VS Respondent: NATIONAL AGRICULTURAL CORPORATION
Court Name: Supreme Court of India Judge(s): S. P. Bharucha, Shivraj V. Patil, Syed Shah Mohammad Quadri Title: COMMISSIONER OF INCOME-TAX vs NATIONAL AGRICULTURAL CORPORATION Case No.: C.A. No. 2135 of 2000 Date of Judgment:2000-03-15 Reported As: 2001 PTD 1974 Result: Order accordingly
JUDGMENT
JUDGMENT Leave granted. 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. The question basically is in regard to the retrospective operation of section 80P(2)(a)(iii) of the Income-tax Act, as amended by the Second Amendment. Act of 1998, 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, alongwith the writ petition. Order on the appeal accordingly. No order as to costs. .