2019 (2) TMI 1 - HC - Income Tax

Applicability of Amended provision of Section 234B(2A) to proceedings which were pending as on 01.06.2015 when the amendment came into force - Held that - The petitioner has fairly conceded that the opinion expressed by the Division Bench of the Gujarat High Court is in favour of the Department to apply the provision retrospectively to pending proceedings as well, but he also informs that the matter is pending consideration before the Hon ble Supreme Court in filed on behalf of the assessee Devdip Malls Developers Pvt. Ltd. Vs. Secretary Income Tax Settlement Commission 2018 (5) TMI 1826 - SUPREME COURT OF INDIA feeling aggrieved by the judgment of the Gujarat High Court. In the aforesaid view of the matter, we would adjourn the hearing of the writ petition for its listing on disposal of the matter pending before the Hon ble Supreme Court arising from SLP.

Summary

The High Court of Patna considered whether the amended provision of Section 234B(2A) would apply to pending proceedings as of 01.06.2015. The petitioner's counsel acknowledged the Division Bench of the Gujarat High Court's opinion favoring retrospective application but mentioned a related matter pending before the Supreme Court. The hearing of the writ petition was adjourned pending the Supreme Court's decision on the matter arising from SLP (C) No. 29660/2017. Counsel for both parties can make a motion upon disposal of the Supreme Court case.