2012 (6) TMI 202

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....ent. JUDGMENT N. Kumar, J. - The Revenue has preferred this appeal challenging the order passed by the Tribunal which held that proviso to Section 113 which was inserted by the Finance Act, 2002 with effect from 1-6-2002 does not have retrospective application. Hence, the surcharge on the assessee is not leviable and therefore it directed the deletion of the surcharge, in fact the Apex Co....

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....efore, we have to read the proviso as it stands. 38. There is one more reason for rejecting the above submission. Prior to 1st June, 2002, in several cases, tax was prescribed sometimes in the 1961 Act and sometimes in FA and often in both. This made liability uncertain. In the present case, however, the rate of tax in case of block assessment at 60 per cent was prescribed by S. 113 but the yea....

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.... [2009] 314 ITR 338/178 Taxman 322 after referring to the aforesaid Supreme Court Judgment, have referred the said matter to a Larger Bench. Accordingly, the matter is referred to the Larger Bench. Under those circumstances, as the law stands today the surcharge is payable by the assessee. In the event the Larger Bench of the Supreme Court reverses the aforesaid Judgment holding surcharge is not l....