TaxTMI 
TaxTMI 
2020 (2) TMI 463
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.... DR.VINEET KOTHARI, J. The Assessee V.Sekaran has filed the present appeal against the order dated 10.12.2009 passed by the learned Income Tax Appellate Tribunal whereby the Tribunal decided the question against the Assessee on the issue of levy of surcharge in the case of block assessment, in view of the judgment of the Hon'ble Supreme Court in the case of CIT Vs. Suresh N.Gupta (297 ITR 32)....
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....ther provisions not only in the same Finance Act but Finance Acts pertaining to other years where the legislature specifically provided such amendment to be either retrospective or clarificatory. In so far as amendment to Section 113 is concerned, there is no such language used and on the contrary, specific stipulation is added making the provision effective from 1st June, 2002. (e) There is yet....
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....ons of that section are made applicable to block assessments is made clarificatory and would take effect retrospectively from 1st day of July, 1995. When it comes to amendment to Section 113 of the Act, this very circular provides that the said amendment along with amendments in Section 158BE, would be prospective i.e. it will take effect from 1st June, 2002. (f) Finance Act, 2003, again makes t....
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....s of block assessments and thereby making it prospective in nature. The charge in respect of the surcharge, having been created for the first time by the insertion of the proviso to Section 113, is clearly a substantive provision and hence is to be construed prospective in operation. The amendment neither purports to be merely clarificatory nor is there any material to suggest that it was intended....