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Issues Involved:
1. Constitutional validity of the proviso to section 148 of the Income-tax Act, 1961. 2. Discrimination and violation of Article 14 of the Constitution. Summary: Issue 1: Constitutional Validity of the Proviso to Section 148 of the Income-tax Act, 1961 The petitioner challenged the constitutional validity of the proviso to section 148 of the Income-tax Act, 1961, which makes the limitation of 12 months for issuing notice u/s 143(2) inapplicable to returns filed after October 1, 1991, for reassessment/recomputation of tax if such reassessment/recomputation was otherwise within limitation. The petitioner argued that the provision was retrospective and discriminatory, creating a special class arbitrarily without any nexus to the statute's objective. The court examined the legislative history and amendments to section 148 and related provisions, noting that the proviso was intended to clarify legislative intent and address judicial pronouncements that interpreted the 12-month limitation as controlling reassessment periods. The court referenced several judgments, including National Agricultural Co-operative Marketing Federation of India Ltd. v. Union of India, to support the view that the Legislature can validate laws retrospectively to correct statutory interpretations that do not align with legislative intent. Issue 2: Discrimination and Violation of Article 14 of the Constitution The petitioner argued that the proviso violated Article 14 of the Constitution by creating an arbitrary classification for returns filed between October 1, 1991, and September 30, 2005. The court acknowledged that Article 14 prohibits discrimination but allows for reasonable classification for legitimate purposes. The court cited several judgments, including State of Bombay v. F. N. Balsara and R. K. Garg v. Union of India, to emphasize that economic legislation is granted greater latitude due to its complexity. The court concluded that the classification in the proviso was based on real and substantial distinctions with a reasonable nexus to the legislative objective of validating reassessment notices issued within the permissible limitation period but beyond the 12-month period specified in section 143(2). The court found that the legislative intent was to save assessments, reassessments, or recomputations within the already specified limitation periods, thus meeting the tests for compliance with Article 14. Conclusion: The court dismissed the petition, holding that the proviso to section 148 of the Income-tax Act, 1961, was constitutionally valid and did not violate Article 14. The classification was deemed reasonable and necessary to address specific legislative and judicial interpretations.
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