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2014 (5) TMI 861 - DELHI HIGH COURTChallenge to the order of ITAT on the ground that it erred in allowing the assessee to belatedly appeal against the orders of the Assessing Officer – Claim of deduction u/s 80HHC of the Act – Effect of retrospective amendment w.e.f. 1.4.1992 - Whether a litigant can take advantage of a decision in another litigation belatedly – Held that:- Following Tilokchand Motichand & Ors. vs H.B. Munshi & Anr, [1968 (11) TMI 86 - SUPREME COURT OF INDIA] - the retrospective amendment was introduced after the original assessment - The introduction of the amendment occasioned the re-assessment - The reassessment order gave effect to the amendment - The assessee was content, it accepted the order which became final - the reassessment order cannot be sought to be indicted in as much as the finality which attaches itself to the reassessment order cannot be affected, merely because a later judgment of the Gujarat High Court held the amendment to be arbitrary, to the extent of its retrospectivity – Decided in favour of Revenue.
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