2015 (11) TMI 1685 - SCH - Income Tax

Deduction u/s 80IB - Constitutional validity of the amendment to sub-Section (9) of Section 80-IB - Hec has held 2015 (3) TMI 986 - GUJARAT HIGH COURT that Explanation added to Section 80-IB(9) by amendment is substantive law and could not apply retrospectively. The Explanation added to Section 80-IB(9) breaches the rule of law and is arbitrary being violative of Article 14 of the Constitution of India is struck down. In the result both the writ petitions succeed and are allowed. The Explanation to Section 80-IB(9) of the Act is held to be ultra vires to Article 14 of the Constitution of India Held that - Issue notice on the special leave petitions as also on the prayer for interim relief returnable after 10 weeks. Mr. Shashibhushan P. Adgaonkar Ms. Abha R. Sharma and Ms. Bindi Girish Dave learned counsel have entered appearance on behalf of the respondents. No further notice need be issued to them. Counter affidavit if any be filed within six weeks. Rejoinder affidavit if any be filed within four weeks therefrom. List the matters after ten weeks. The prayer for interim relief shall be considered on the next date of hearing. As we are entertaining the matter the High Court(s) where the appeals are pending shall not finalize the same till the matter is dealt with by this Court.

Summary

The Supreme Court of India in 2015 (11) TMI 1685 - SC Order, condoned delay and issued notice on special leave petitions for interim relief returnable after 10 weeks. Counter affidavit to be filed within six weeks and rejoinder affidavit within four weeks. High Courts where appeals are pending should not finalize the matters until dealt with by the Supreme Court.