The Commissioner Of Income Tax-1, Thane v. Mrs. Priti Bhushan Mehta

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL No. 520 OF 2006 The Commissionerof Income Tax-1, ThaneAppellantVs.Mrs. Priti Bhushan MehtaRespondent Mr. B. M. Chaterjee, for the appellant. Mr. Jitendra Jain with Muralidharan i/b Joy LegalConsultants for the respondent. PC :- CORAM : BILAL NAZKI, &A. A. KUMBHKONI, JJ.DATE : JULY 16, 2008. 1. The question framed in this appeal is- Whether on the facts and circumstances of thecase and in law, the learned ITAT erred inholding that income tax computed under section113 of the Income Tax Act, 1961 is not liable forsurcharge for the block period ended on 14-2-2001as the proviso to section 113 was enacted onlywith effect from 1-6-2002 and hence it was notapplicable for the block period ended on14-2-2001? 2.In nutshell it would amount to finding outwhether proviso to section 113 of the Income Tax Act, 1961 enacted on 1-6-202 was retrospective or prospective. Appeal is admitted on the above question of law. Court in the case of Commissioner of Income-Tax Vs.Suresh N. Gupta, [2008]297 ITR 322 (SC). 4.As the Supreme Court has held that the proviso toSection 113 is retrospective. As such the appeal is allowed and the order of the Tribunal is set aside. Sd/-[ BILAL NAZKI, J.] Sd/-[ A. A. KUMBHAKONI, J.]