Wednesday, 10 October 2012

A Retrospective Amendment does not affect completed matters


J.B. Roy vs. DCIT (Allahabad High Court)



The assessee filed a belated appeal to the High Court u/s 260A. The High Court dismissed the appeal following CIT vs. Farooqui 317 ITR 305 (All) (FB) where it was held that the High Court had no power to condone delay in filing a s. 260A appeal. S. 260-A (2A) was inserted by the Finance Act, 2010 w.r.e.f. 01.10.1998 to give the High Court the power to condone delay. Pursuant to the said retrospective amendment, the assessee filed a review petition and requested that its appeal mat be restored. HELD dismissing the review petition:

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