2020 (3) TMI 638

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....of 2020 - -<br>Income Tax<br>The Hon&#39;ble Mr. A. P. Sahi, The Chief Justice And The Hon&#39;ble Mr. Justice Subramonium Prasad For the Petitioner : Mr.Vijay Narayan (Advocate General) for Mr.Subbaraya Aiyar Padmanabhan For the Respondents : Mrs.Hema Muralikrishnan Senior Counsel (Income Tax) ORDER (Delivered by The Hon&#39;ble Chief Justice) A challenge to the validity of Section 40(a)....

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....ustice, was challenged and has been quashed and the matter has again been remitted to the Income Tax Authority for deciding afresh. 3. The principal argument of the learned Advocate General while assailing the said provision is that it is discriminatory and violative of Article 14 of the Constitution of India, inasmuch as there are many Central Government undertakings which have not been subject....

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....he petitioner Corporation, but there are large number of State Government undertakings that would face a similar financial crunch inspite of the fact that they are entitled to such exemption and therefore, it has become imperative for the petitioner Corporation to challenge the validity of the aforesaid Section. He, also contends that there is no rational basis for incorporating the said Section i....

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.... to the Income Tax Authority and in the absence of any such liability having been imposed or sought to be realized as on today, it would be preempting the decision of the Income Tax Authority or even otherwise, raising a premature challenge to the provision. 7. Learned counsel further invites the attention of the Court to the Explanatory Note preceding the introduction of the aforesaid provision....