266 (iv) Delhi Race Club v. Union of India9

Honda Motorcycle and Scooter India Pvt. Ltd., Gurgaon vs. ACIT, Circle-1(1), Gurugram

In the result, the appeal of the assessee is partly allowed for

Bench: SHRI SHAMIM YAHYA (Accountant Member), SHRI CHALLA NAGENDRA PRASAD (Judicial Member)

…t 'cess' will not partake the character of 'tax' as it a form of 'fee' being charged for a particular purpose as held by the constitutional bench of the Hon'ble Supreme Court in the case of Hinger Rampur Coal Co. Ltd. & Ors. v . State of Orissa & Ors. [(1961) 2 SCR 537]. 17.2 That the amendment brought in by the legislature cannot be applied retrospectively and that it cannot override the Constitution bench judgment of the Hon'ble Supreme Court. Re: Consequential Grounds 18. That the AO has erred in initiating penalty proceedings under Section 270A of the Act.” 3. Apropos issue of transfer pricing adjustment…