Pr. Commissioner Of Income Tax - 12 v. M/S. Arc Construction Pvt Ltd

R.M. AMBERKAR (Private Secretary) IN THE HIGH COURT OF JUDICATURE AT BOMBAYO.O.C.J.INCOME TAX APPEAL (IT) NO. 438 OF 2016 Pr. Commissioner of Income Tax - 12..Appellant Versus M/s. ARC Construction Pvt Ltd ..Respondent ................... •Mr. Vipul Bajpayee for the Appellant ................... CORAM : AKIL KURESHI & M.S. SANKLECHA, JJ. DATE : NOVEMBER 19, 2018. P.C.: 1.The Revenue has filed this appeal challenging an orderof the Income Tax Appellate Tribunal, Mumbai dated25.5.2015. The sole question urged by the Revenue iswhether Tribunal is right in holding that the amendment inSection 40(a)(ia) of the Income Tax Act, 1961 isretrospective in its effect. The several High Courts includingDelhi, Calcutta and Gujrat High Court had taken a viewagainst the Revenue. We have also now the judgment of theSupreme Court in the case of Commissioner of IncomeTax Vs. Calcutta Export Company reported in [2018]404ITR 654 (SC) holding that the such amendments are to be treated as having retrospective operation. We additionallynoticed that the Tribunal has in present order relied upon thedecision of the Delhi High Court in the case ofCommissioner of Income Tax Vs. Rajinder Kumarreported in 362 ITR 241 which judgment has beenspecifically upheld by the Supreme Court in the case ofCalcutta Export Company (supra). The Income Tax Appeal is,therefore, dismissed. [ M.S. SANKLECHA, J. ] [ AKIL KURESHI, J ]