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2004 (11) TMI 52 - KERALA HIGH COURTLaw applicable - Whether proceedings for imposing tax or reopening assessment for the assessment years which have attained finality under the existing law due to bar of limitation can be revived by the amendment of law which has no express provision of retrospective effect - At the time of issuance of the impugned notices and at the time of amendment, the right to initiate proceedings u/s 147 was extinguished for certain assessment years as per the old provision. When the new Act came into force, there was no cause of action of issuing a further notice to review old matters which have attained finality under the then existing law due to limitation and therefore the new Act cannot be applied. The provision for limitation is not a mere procedure and unless it is made retrospectively, it cannot be acted upon retrospectively for reviving any barred and extinguished assessments on the date when the Act came into force.
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