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Showing contexts for: forest contract in Venkataraman T. Pai vs C.R. Shah on 23 July, 1993Matching Fragments
29. Learned Counsel Shri Abichandani then relied on AIR 1991 SC 672 where with retrospective effect forest contract which was subsisting was rescinded and the legislation which brought about this result was challenged. No doubt, as per paragraph 15 of the judgment at page 677, this challenge has been repelled and the legislation is held to be valid. In para 11 it could be seen that the text of the amendment was clearly retrospective.
30. Learned Counsel Shri Abichandani had also relied on AIR 1959 Bombay 477. It relates to Section 35(10) of the Income-Tax Act 1922 having retrospective operation. However, from the judgment, it is to be gathered that it was a curative exercise confined to assessment years 1948 to 1955 where granting of a rebate was deemed to be an error apparent on record. Not only the legislation was ex post facto in terms, but while setting certain matters right, it resulted into recovery only. It did not entail any penal consequence. Same is the position in AIR 1991 SC 1289 relating to cancellation of exemption under the Provident Fund Act and it has been held that cancellation is not a penalty.