Govind Das v. ITO

103 ITR 123Supreme Court of India1976#1379 most cited

What is Govind Das v. ITO authority for?

Taxing provisions imposing new liabilities or affecting substantive rights are presumed to operate prospectively unless the statute expressly or necessarily implies retrospective application. Retrospective operation is generally not given if it impairs existing rights, creates new obligations, or imposes new liabilities, except for procedural matters.

83

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2013 to 2025.

Also referred to as

Govind Das v. ITO · 103 ITR 123 · prospective operation · retrospective application · statutory interpretation · taxing provisions · new liability · fiscal amendments · Section 171(6) · Income Tax Act

Issues it is cited on

Judgments citing Govind Das v. ITO

Dy CIT CC 6(4), Mumbai vs. Shri. Suryakant C Suchak, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 965/MUM/2020[1999-2000]Status: DisposedITAT Mumbai06 Apr 2023AY 1999-2000

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसुं. 965/भ ुं/2020 (यन.ि.1999-2000) Dy. Commissioner Of Income Tax, Central Circle – 6(4),Mumbai, Room No.1925, 19Th Floor, Air India Building, Nariman Point, Mumbai 400 021. ...... अऩीराथी/Appellant फनाभ Vs. Shri Suryakant C. Suchak, 231, Krishna, 32-A Cross, 7Th Block, Jaynagar, Bangalore – 560 070. ..... प्रयििादी/Respondent Pan:Apjps-8359-A अऩीराथी द्िाया/ Appellant By : Smt. Esther Ninghauvung Hanghal प्रयििादी द्िाया/Respondent By : Shri Dilip Thakkar स निाई की यिधथ/ Date Of Hearing : 10/01/2023 घोषणा की यिधथ/ Date Of Pronouncement : 06/04/2023 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-54, Mumbai *In Short ‘The Cit(A)’+ Dated 26/11/2019, For Assessment Year 1999-2000. 2 2. The Revenue In Its Appeal Has Assailed The Order Of Cit(A) On Following Grounds:

For Appellant: Smt. Esther Ninghauvung HanghalFor Respondent: Shri Dilip Thakkar
Section 132Section 143(3)Section 148Section 149Section 149(1)Section 149(1)(c)Section 69

…is one of validation of taxing statute struck-down by courts for certain defects; the period of such retroactivity, and the decree and extent of any unforeseen or unforeseeable financial burden imposed for the past period etc." 18. In Govinddas v. ITO [1976] 103 ITR 123 the Supreme Court held that Section 171 (6) of the Income Tax Act was prospective and inapplicable for any assessment year prior to 1st April, 1962, the date on which the Act came into force and observed that: 7 "11. Now it is a well settled rule of interpretation hallowed by time and sanctified by judicial decisions that, unless the terms of a…