TMI Blog2011 (7) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... ble, the assesseee is absolved of the liability to pay surcharge. Therefore, the proper order to be passed is to set aside the order of the Tribunal and remit the matter to the Assessing Authority with the direction to await the judgment of the Apex Court and consequent to the order passed by the larger Bench to give effect to our order - Appeal is allowed. - 973 OF 2006 - - - Dated:- 27-7-2011 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not clear even to the Department as to which year's FA would be applicable. To clear this doubt precisely, the proviso has been inserted in section 113 by which it is indicated that FA of the year in which the search was initiated would apply. Therefore, in our view, the said proviso was clarificatory in nature. In taxation, the legislation of the type indicated by the proviso has to be read str ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roviso was curative in nature. Hence, the proviso inserted in section 113 merely clarifies that out of the above four dates, the relevant date for applicability of FA would be the year in which the search stood initiated under section 158BC." Therefore the Apex Court, has said that such proviso is curative in nature and it merely clarifies that for a relevant date for applicability of the financ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the aforesaid judgment of the Apex Court and holding surcharge is not leviable, the assesseee is absolved of the liability to pay surcharge. Therefore, in our view the proper order to be passed is to set aside the order of the Tribunal and remit the matter to the Assessing Authority with the direction to await the judgment of the Apex Court and consequent to the order passed by the larger Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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