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1989 (5) TMI 49 - SC - Indian LawsWhether the newly enacted section 59 of the Estate Duty Act is retrospective in operation so as to affect assessments already completed on accountable persons? Held that:- The new section 59 came into force from July 1, 1960. Much earlier, on February 26, 1960, the assessment on the accountable person had already been completed. There is a well-settled principle against interference with vested rights by subsequent legislation unless the legislation has been made retrospective expressly or by necessary implication. If an assessment has already been made and completed, the assessee cannot be subjected to reassessment unless the statute permits that to be done. Thus we hold that section 59 of the Estate Duty Act is not retrospective in operation and that the reopening of the assessment under section 59 of the Act is bad in law. Appeal dismissed.
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