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2003 (1) TMI 12 - RAJASTHAN HIGH COURTSection 272A(2) - Penalty - "Whether, the newly inserted proviso vide the Finance (No. 2) Act, 1991, with effect from October 1, 1991, to section 272A(2) is applicable to the respondent-assessee whose default relates to the assessment year 1989-90 requiring the assessee to file returns on or before April 30, 1989, for the period ending on March 31, 1989?" - In the absence of any retrospective effect to such provisions, this newly inserted proviso cannot have any impact with regard to any default relating to the assessment year 1989-90 requiring the assessee to file the return on or before April 30, 1989, for the period ending on March 31, 1989 - Section 272A(2) is a charging section and has come into effect only from October 1, 1991, and it cannot be said to be procedural by any norms.
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