https://www.taxtmi.com/caselaws?id=757857 Retrospective legislation cannot be used to defeat a vested right to approach the Income Tax Settlement Commission, and an administrative circular issued under statutory power cannot impose a new burden inconsistent with that right. The High Court read down the retrospective cut-off in section 245C(5) to 31.03.2021, treated applications filed between 01.02.2021 and 31.03.2021 as pending for consideration by the Interim Board if otherwise eligible, and set aside earlier rejections based on non-eligibility as on 31.01.2021. The principle applied is that legal fiction must remain confined to its purpose, and unconstitutional retrospectivity may be controlled by reading down. en-us Tue, 09 Jul 2024 00:00:00 +0530 Tue, 03 Sep 2024 15:01:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757857 Retrospective legislation cannot be used to defeat a vested right to approach the Income Tax Settlement Commission, and an administrative circular issued under statutory power cannot impose a new burden inconsistent with that right. The High Court read down the retrospective cut-off in section 245C(5) to 31.03.2021, treated applications filed between 01.02.2021 and 31.03.2021 as pending for consideration by the Interim Board if otherwise eligible, and set aside earlier rejections based on non-eligibility as on 31.01.2021. The principle applied is that legal fiction must remain confined to its purpose, and unconstitutional retrospectivity may be controlled by reading down. Case-Laws Income Tax Tue, 09 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757857