Commr.Of Income Tax-I,New Delhi vs Vatika Township P.Ltd on 15 September, 2014
4.3.2. With regard to the submissions of Revenue that the
Notification No. 14/2016-C.E. (N.T.) is prospective in nature and
the benefit provided there-under is not applicable to the claims
filed prior to such date, it is the settle principle of law that the
beneficial amendment to the statute should be given effect to
retrospectively. Considering the constitutional bench judgment
of the Hon'ble Supreme Court in the case of Commissioner of
Income Tax Vs. Vatika Township P. Ltd. - (2014) 367 ITR 466
(SC) on the issue, the Larger Bench of this Tribunal, in the case
of Span Infotech (India) Pvt. Ltd. (supra), has held that the
relevant date should be considered as the end of the quarter, in
which the FIRC is received. The other ground urged by Revenue
7
Appeal No. ST/88698,88701,88714
,88708,88695,88717,88684,88700
,88670,88716,88713,88690,88671,88673,
86573,88676,88674,86611,88688,88691/2018
to the effect that tax appeal in the case of Spec India has been
admitted by Hon'ble Gujarat High Court, we find that Revenue
has not brought on any evidence to show that the said decision
of the Tribunal has been stayed or overruled by the Hon'ble High
Court. Thus, we do not find any substance on such submissions
made by Revenue against the impugned order.