Levy of surcharge u/s 113 - Block assessment u/s 158BD - the ...

Surcharge u/s 113 for block assessments (Section 158BD) is prospective, not declaratory or curative. Clarity on tax rate needed.

January 15, 2023

Case Laws Income Tax SC

Levy of surcharge u/s 113 - Block assessment u/s 158BD - the intention of the legislature was to make it prospective in nature. This proviso cannot be treated as declaratory/statutory or curative in nature. - the rate at which the tax is to be imposed is an essential component of tax and where the rate is not stipulated or it cannot be applied with precision, it would be difficult to tax a person. - SC

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Levy of surcharge u/s 113 - Block assessment u/s 158BD - the ...

Surcharge u/s 113 for block assessments (Section 158BD) is prospective, not declaratory or curative. Clarity on tax rate needed.

January 15, 2023

Case Laws Income Tax SC

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