Supreme CourtDivision Bench

Union of India and Others - Appellants @HASH Paliwal Overseas Pvt. Ltd.

Supreme Court Of India · Decided on 2 December 2016 · Citation: (2017) 1 Scale 494 : (2017) 244 Taxman 195

HON’BLE JUDGES
Kurian Joseph and Rohinton Fali Nariman, JJ.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 133 · Income Tax Act, 1961 — Section 80HHC, Section 80HHC
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 11585 of 2016 (@SLP (C) No. 14515 of 2013).
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Judgment

6 paragraphs · 131 words

Kurian, J. - Delay condoned.

2.

Leave granted.

3.

The only question of law to be decided is whether Section 80 HHC of the Income Tax Act, 1961 as amended in 2005 is prospective in operation. It has since been settled by this Court that the same is only prospective.

4.

As far as issue relating to turnover below 10 crores and above 10 crores is concerned, the same has already been answered by this Court in the recent order dated 30.03.2015 in SLP(C) No.9273 of 2013 (C.I.T.-5 & ANR. v. M/S. AVANI EXPORTS & ANR.) making it clear that it applied to both categories.

5.

In terms of the said order, these appeals are also disposed of.

6.

Order dated 30.03.2015, as mentioned above, shall form part of this judgment.