Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 191 - HC - Income TaxAssessment completed invoking 153A - Whether the amendment to Section 80HHC(3) by inserting three provisos with retrospective effect from 01.04.1998 could have been invoked to disallow the amounts in respect of concluded assessments for AY 1999-2000 in the assessee’s case - Held that:- The burden was upon the Revenue to prove that the restrictions imposed by the amending Act are reasonable. We find that the Revenue has failed to discharge that burden by pointing out the reason for making classification based on the two aspects which have no reasonable connection with the object of amendment. The appellants are entitled to the reliefs claimed by them to the extent it is admissible - in line with the final order of the Supreme Court in CIT-5 and Anr. v. M/s. Avani Exports and Anr.[2015 (4) TMI 193 - SUPREME COURT]. Accordingly, the substantial question of law relating to the rejection made is answered in favour of the assessee. The matter shall be re-examined by the AO in the light of the Supreme Court’s final order. Since this Court has already ruled upon the merits of the disallowance made, the question as to whether the assessments could have been made under Section 153A is rendered academic; the same is accordingly kept open
|