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The Tax Publishers2019 TaxPub(DT) 1249 (Pat-HC) INCOME TAX ACT, 1961
Section 234B(2A)
Where the opinion expressed by High Court was in favour of Revenue to apply the provision of section 234B(2A) retrospectively to pending proceedings as well, but as the matter was pending consideration before Supreme Court in SLP, which was filed on behalf of assessee feeling aggrieved by the judgment of High Court, accordingly, the hearing of the subject writ petition was adjourned for its listing on disposal of the matter pending before the Supreme Court.
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Interest under section 234B - Sub-section (2A) of section 234B - Insertion w.e.f 1-6-2015 - Applicability thereof on pending proceedings
Issue under consideration was whether or not the amended provision of section 234B(2A) would apply to proceedings which were pending as on 1-6-2015 when the amendment came into force. Held: Since the opinion expressed by High Court was in favour of Revenue to apply the provision of section 234B(2A) retrospectively to pending proceedings as well, but as the matter was pending consideration before Supreme Court in SLP, which was filed on behalf of assessee feeling aggrieved by the judgment of High Court, accordingly, the hearing of the subject writ petition was adjourned for its listing on disposal of the matter pending before the Supreme Court.
REFERRED : Devdip Malls Developers Pvt. Ltd. & Anr. v. Secretary, Income Tax Settlement Commission & Anr. [Special Leave to Appeal (C) No(s). 29660/2017, dt. 8-5-2018]
FAVOUR : Matter adjourned
A.Y. :
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