2010 (3) TMI 1281

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.... Justice P.S. Gopinathan For the Appellant : Adv. Sri. Jose Joseph, Sc, For Income Tax. For the Respondnet : Adv. Sri. T.M. Sreedharan, Smt.C. K. Sherin, Sri. V.P. Narayanan. JUDGMENT RAMACHANDRAN NAIR, J. The question raised in the connected appeals filed by the revenue is whether the Income Tax Appellate Tribunal was justified in holding that retrospective amendment to the statute does no....

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....nts in regard to grant of relief under Section 80HHC consistent with the amendments to the provisos with retrospective effect. The assessees contested the rectification orders issued under Section 154 on the ground that there is no mistake justifying rectification under Section 154 consequent upon retrospective amendment to the relevant provisions of the Act. Even though CIT (Appeals) turned down ....

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....justifying rectification under Section 154. Even though CIT (Appeals) has relied on in his order later decision of the Supreme Court we find from the above two decisions the position is made very clear by the Supreme Court that once retrospective amendment to the statute is made, it is as if the provision was there as on the date with which retrospectivity is given to it. Applying this principle, ....