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Documents citing Commissioner Of Income Tax, Bombay vs M/S. Banque Nationale De-Paris on 21 March, 1997

Berlia Chemicals & Traders (P) Ltd. vs Asstt. Cit on 25 October, 1999

Thus, a different mischief was carved out with a different remedy which never existed earlier. We, therefore, repeat that there can be no clarification of a thing which never existed earlier. If the intention was to make it retrospectively effective, it would have specified so in no uncertain terms as was done when Explanation 8 was inserted by the Finance Act, 1986, with retrospective effect from 1-4-1974. The situation in the present case is clearly distinguishable from the one which was before the Bombay High Court in the case of Banque Nationale De Paris (supra). In view of the foregoing discussion, we hold that Explanation 4A has no retrospective operation.
Bombay High Court Cites 21 - Cited by 6 - Full Document

Berlia Chemicals & Traders (P) Ltd. vs Assistant Commissioner Of Income Tax on 25 October, 1999

We, therefore, repeat that there can be no clarification of a thing which never existed earlier. If the intention was to make it retrospectively effective, it would have specified so in no uncertain terms as was done when Expln. 8 was inserted by the Finance Act, 1986, with retrospective effect from 1st April, 1974. The situation in the present case is clearly distinguishable from the one which was before the Bombay High Court in the case of Banque Nationale De Paris (supra). In view of the foregoing discussion, we hold that Expln. 4A has no retrospective operation.
Income Tax Appellate Tribunal - Mumbai Cites 21 - Cited by 0 - Full Document
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