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2013 (1) TMI 43 - HC - Income TaxDeduction u/s 80HHC - Assessee is an exporter of cashew kernels - Profit on sale of Duty Entitlement Pass Book (DEPB) - Issue raised by the assessee and considered by the Tribunal only with respect to the reopening of the assessment u/s 147 – Assessee file appeal u/s 260A with High Court challenging retrospective amendment made by the Finance Act 2005 in Section 80HHC – Held that:- The validity of a provision cannot be considered or adjudicated upon by the Tribunal constituted under the Act. Section 260A provides for an appeal from every order passed by the Appellate Tribunal; if it involves a substantial question of law. Such question of law should arise from the order of the Tribunal. If the Tribunal cannot consider the validity of a retrospective amendment, no doubt such question does not arise from its order and the jurisdiction conferred on the High Court under Section 260A cannot also enable the High Court to consider such validity or otherwise. Decides against assessee
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