2006-VIL-09-SC-DT

Equivalent Citation: [2006] 283 ITR 484 (SC)

Supreme Court of India

Date: 02.02.2006

COMMISSIONER OF INCOME-TAX

Vs

VARAS INTERNATIONAL (P.) LTD.

BENCH

MRS. RUMA PAL., B. N. SRIKRISHNA., S. H. KAPADIA., TARUN CHATTERJEE. and P. P. NAOLEKAR.

JUDGMENT

The following question was referred to the Constitution Bench for reconsideration of the decisions of this court in the cases of CIT v. Podar Cement P. Ltd. [1997] 5 SCC 482; [1997] 226 ITR 625, Allied Motors P. Ltd. v. CIT [1997] 224 ITR 677, Suwalal Anandilal Jain v. CIT [1997] 224 ITR 753 and the judgment of a Bench of two learned judges in Brij Mohan Das Laxman Das v. CIT [1997] 223 ITR 825:

"For the amendment of a statute to be construed as being retrospective, should not the amended provision itself indicate, either in terms or by necessary implication, that it is to operate retrospectively?"

It is conceded by the learned Additional Solicitor General, who appears in support of the reference, that the issue has been conclusively determined by this court consistently in the affirmative over a period of years. There is no conflict which requires resolution by way of a reference. Accordingly, the matters are remanded back to the Division Bench for disposal on the merits.

 

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