9911796707
TMI Blog2010 (3) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... ice P.S. Gopinathan For the Appellant : Adv. Sri. Jose Joseph, Sc, For Income Tax. For the Respondnet : Adv. Sri. T.M. Sreedharan, Smt.C. K. Sherin, Sri. V.P. Narayanan. JUDGMENT RAMACHANDRAN NAIR, J. The question raised in the connected appeals filed by the revenue is whether the Income Tax Appellate Tribunal was justified in holding that retrospective amendment to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make the assessments in regard to grant of relief under Section 80HHC consistent with the amendments to the provisos with retrospective effect. The assessees contested the rectification orders issued under Section 154 on the ground that there is no mistake justifying rectification under Section 154 consequent upon retrospective amendment to the relevant provisions of the Act. Even though CIT (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statute is a ground justifying rectification under Section 154. Even though CIT (Appeals) has relied on in his order later decision of the Supreme Court we find from the above two decisions the position is made very clear by the Supreme Court that once retrospective amendment to the statute is made, it is as if the provision was there as on the date with which retrospectivity is given to it. Apply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessments and re-assessments. Going by the decisions of the Supreme Court above referred, the assessing officer was perfectly justified in revising the assessments under Section 154. Consequently the appeals are liable to be allowed and we do so by reversing the orders of the Tribunal and by restoring the orders of the CIT (Appeals) confirming the assessments. However, since the Tribunal has n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
