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of <h1>Court rules proviso cannot apply retrospectively to defaults predating its insertion</h1> The High Court of Rajasthan allowed the income-tax appeal, ruling that a proviso inserted in 1991 cannot apply retrospectively to defaults from 1989-90. ... Section 272A(2) - Penalty - 'Whether, the newly inserted proviso vide the Finance (No. 2) Act, 1991, with effect from October 1, 1991, to section 272A(2) is applicable to the respondent-assessee whose default relates to the assessment year 1989-90 requiring the assessee to file returns on or before April 30, 1989, for the period ending on March 31, 1989?' - In the absence of any retrospective effect to such provisions, this newly inserted proviso cannot have any impact with regard to any default relating to the assessment year 1989-90 requiring the assessee to file the return on or before April 30, 1989, for the period ending on March 31, 1989 - Section 272A(2) is a charging section and has come into effect only from October 1, 1991, and it cannot be said to be procedural by any norms. The High Court of Rajasthan allowed the income-tax appeal against an order from 1999, relating to the assessment year 1989-90 for M/s. New Rajasthan Trading Company. The court ruled that a newly inserted proviso in 1991 cannot apply retrospectively to defaults from 1989-90. The Income-tax Appellate Tribunal's view that the relevant section was procedural was deemed incorrect, as it is a charging section effective from 1991. The appeal was allowed, and the previous order was set aside.
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