Revising Belated Return because of Retrospective Change in Law

2016 views 4 replies

Belated Salary return for AY 2007-08 was filed  in which Company Accomodation Perquisite was valued  20% of Salary.

In July 2007 a notification had been issued with retrospective effect from April 2006 which provides Valuation of Company Accomodation Perquisite at 15% of Salary , thus entitling him to a refund on the differential amount of perquisite which can be claimed by revising a return.

But a belated return cannot be revised in view of Hon'ble Supreme Court Judgement in Kumar Jagdish Chadra Sinha Case. How can the benefit of perquisite be availed.

It would be great if any subsequent Case Laws are there after the judgement of Hon'ble Supreme Court

Replies (4)
Achin !!! A supreme court judgement is final and binding. Had it been a tribunal case then altenative / 2nd opinion could have been sought. Other than CBDT notificaiton the Supreme Court judgement cannot be over-ruled
Thanks for the quick respose Vineet.But the the first part query is still unanswered. Do you mean to say that there is no way by which the benefit of the notification can be given in the instant case ?
In the instant case, there is no notification supporting the provision of filing revised return incase of belated return.
Dear this is related to last year .for which we had just filed return in july 07 in this case you can file revise return and claim refund.

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