9911796707
TMI Blog2012 (9) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... - - X X X X Extracts X X X X X X X X Extracts X X X X ..... g. 4. Each of the petitions challenge the Taxation Laws (Amendment) Act, 2005, in respect of insertion of clause (iiid) and (iiie) to Section 28 and the insertion of the third and fourth provisos to Section 80HHC of the Income Tax Act, 1961. 5. Similar matters had been filed before various High Courts. The respondents, therefore, filed Transfer Petition (C) No.945 of 2006, praying for the transf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are decided by one High Court. The Supreme Court, accordingly, directed that all the matters which had been filed/transferred to the Supreme Court, be sent to the High Court of Gujarat. 7. The Gujarat High Court heard a batch of Writ Petitions. By an order and judgment dated 2nd July, 2012, a Division Bench of the Gujarat High Court disposed of the Writ Petitions in the following terms :- "26. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the said section could be given effect from the date of the amendment and not in respect of earlier assessment years of the assessees whose export turnover is above Rs. 10 Crore. In other words, the retrospective amendment should not be detrimental to any of the assessee." 8. It is admitted that the present Writ Petitions are identical to the Writ Petitions which were the subject matter of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
