Commissioner of Income Tax-II vs. Hycons Infrastructure (India) Ltd.
The appeals are dismissed
ITTA/411/2013HC Telangana25 Sept 2013
Section 3Section 3(3)Section 5ASection 5A(1)
…al of concessions by the modified notifications, in question, is impermissible in view of the doctrine of promissory estoppel enunciated by th e Supreme Court in Motilal Padampat Sugar Mills Co. Ltd -vs- State of Uttar Prad esh and others, reported in (1979) 2 SCC 409, which applies to the facts of the cases. (c) Although the State, under Section 5A (1) of the Act of 1944, is invested wit h the power to curtail the concessions by modified notifications, but nonetheles s such notifications should be in public interest. The Supreme Court, in Motilal Padampat Sugar Mills Co. Ltd (supra) has laid down that promisso…