As per sec 297(2)(g) of IT Act 1961 proceeding completed before April 1962 is to be dealt with under the old provision
Court :
Supreme Court Of India
Brief :
The High Court, vide its impugned Judgment and Order dated 25.07.2005, has declared that Section 87(m)(ii) (b) of Finance (No.2) Act, 1998 is violative of Article 14 of the Constitution of India insofar as it seeks to deny the benefit of the ‘Kar Vivad Samadhana Scheme, 1998 (hereinafter referred to as “the Scheme”) to those who were in arrears of duties etc., as on 31.03.1998 but to whom the notices were issued after 31.03.1998 and further, has struck down the expression “on or before the 31st day of March 1998” under Section 87(m)(ii)(b) of the Finance (No. 2) Act, 1998 as ultra vires of the Constitution of India and in particular, Article 14 of the Constitution on the ground that the said expression prescribes a cut-off date which arbitrarily excludes certain category of persons from availing the benefits under the Scheme
Citation :
Union of India and Ors. ………….. Appellants versus M/s Nitdip Textile Processors Pvt. Ltd. and Another ………..Respondents
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CS Bijoy
Published in Income Tax
Views : 1590
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