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Petitioner: N.N. BHAGWATI VS Respondent: COMMISSIONER OF INCOME-TAX
Court Name: Supreme Court of India Judge(s): S. P. Bharucha, Mrs. Ruma Pal Title: N.N. BHAGWATI vs COMMISSIONER OF INCOME-TAX Case No.: Civil Appeal No.4665 of 1996 Date of Judgment:2000-07-20 Reported As: 2001 PTD 2532 Result: Appeal dismissed
Judgment ORDER We are not impressed by the submission on behalf of the appellant that the judgment of this Court in the case of H.H. Sir Rama Varma v. CIT (1994) 205 ITR 433, needs reconsideration by a larger Bench. That judgment notes that sections 80AA and 80AB of the Income Tax Act, 1961, were introduced at one and the same point of time and that section 80AA was given retrospective operation with effect from April 1, 1968. It notes that it was held in the case of Distributors (Baroda) (P.) Ltd. v. Union of India (1985) 155 ITR 120 (SC), that section 80AA was declaratory of the law as it always had been since April 1, 1968. On a parity of reasoning, it was held in the judgment in H.H. Sir Rama Varma (1994) 205 ITR 433 (SC) that section 80AB was also enacted to declare the law as it always stood. Whether, therefore, the circulars of the Board have stated that section 80AB was prospective is of no relevance and the- judgment cannot be reconsidered on that ground. The appeal is covered against the appellant by the judgment in the case of H.H. Sir Rama Varma (1994) 205 ITR 433 (SC). The appeal is, therefore, dismissed. No order as to costs. .