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2012 (6) TMI 202 - HC - Income TaxSurcharge - Whether proviso to Section 113 which was inserted by the Finance Act, 2002 with effect from 1-6-2002 have retrospective application – Held that:- such a proviso is curative in nature and it merely clarifies that for a relevant date for of the financial year would be the year in which the search is initiated under Section 158-BC. in the case of CIT v. Vatika Township (P.) Ltd. (2009 (1) TMI 217 (SC) ) after referring to the aforesaid Supreme Court Judgment, have referred the said matter to a Larger Bench. Accordingly, the matter is referred to the Larger Bench. order of the Tribunal set aside and matter remanded to the assessing authority with a direction to await the Judgment of the Apex Court consequent to the order to be passed by the Larger Bench to that effect. appeal is allowed.
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