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september 2014

Supreme Court of India · 2014-09-15

COMMR.OF INCOME TAX-I,NEW DELHI vs VATIKA TOWNSHIP P.LTD.

Citation / case number
SC 2007/36222
Court
Supreme Court of India
Petitioner
COMMR.OF INCOME TAX-I,NEW DELHI
Respondent
VATIKA TOWNSHIP P.LTD.
Author
CHIEF ,JAGDISH SINGH KHEHAR CHELAMESWAR,A.K. SIKRI,ROHINTON FALI NARIMAN
Bench
CHIEF JUSTICE,JAGDISH SINGH KHEHAR,J. CHELAMESWAR,A.K. SIKRI,ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the interpretation of the proviso to Section 113 of the Income Tax Act, 1961, determining whether it operates prospectively or has retrospective effect. The Court held that the proviso is clarificatory and curative in nature, thus applicable retrospectively. This decision resolves the legal ambiguity surrounding the applicability of the proviso in ongoing assessments and appeals, affirming the lower court's ruling in favor of the assessees.

COMMR.OF INCOME TAX-I,NEW DELHI vs VATIKA TOWNSHIP P.LTD. · Niyam