TMI Blog2018 (1) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... Exports’ (2015 (4) TMI 193 - SUPREME COURT), which affirmed the declaration and held that the retrospectivity ascribed to the amendments, was unconstitutional. Consequently, the amendments became, in effect, prospective in nature. This Court notices that in the meanwhile, a Division Bench of this Court in ‘Pawan Kumar Jain vs. Union of India’ (2014 (8) TMI 32 - DELHI HIGH COURT) had also conclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . MR. S. RAVINDRA BHAT (ORAL) In all these cases, retrospective amendment to Sections 28 and 80 HHC of the Income Tax Act 1961 ( the Act ) and the validity of CBDT Circular dated 17.1.2006 (no. 2 of 2006 ), made in the light of the amendments, has been called into question. 2. The petitioner also seeks consequential relief by way of quashing of orders, which seek to give effect to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2014) 46 taxmann.com 341 (Delhi) had also concluded that the amendment could not be treated as retrospective and directed further relief. In the light of these developments, the Court is of the opinion that the provisions are to be treated as prospective and not retrospective; the reliefs in these proceedings are therefore, to be granted. Writ petitions are allowed in terms of the declaration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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