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2015 (2) TMI 588 - HC - Income TaxSurcharge u/s 113 - Tribunal held surcharge not applicable to block period 1989-1990 to 1998-1999 - Held that:- The charge in respect of the surcharge, having been created for the first time by the insertion of the proviso to Section 113, is clearly a substantive provision and hence is to be construed prospective in operation. The amendment neither purports to be merely clarificatory nor is there any material to suggest that it was intended by Parliament. Furthermore, an amendment made to a taxing statute can be said to be intended to remove 'hardships' only of the assessee, not of the Department. On the contrary, imposing a retrospective levy on the assessee would have caused undue hardship and for that reason Parliament specifically chose to make the proviso effective from 1.6.2002. See Commissioner of Income Tax (Central)-I v. Vatika Township Private Limited [2014 (9) TMI 576 - SUPREME COURT] - Decided in favour of the assessee.
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