In\nSedco Forex International Drilling Inc. v. CIT

279 ITR 310Supreme Court of India2005#909 most cited
116

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2007 to 2026.

Sections most often in play

Section 14ASection 143(3)Section 143(2)Section 142(1)Section 56(2)(viii)Section 10(37)Section 143(1)Section 145B(1)

Issues it is cited on

section 2(viii)section 56(viii)section 45(5)(c)section 155(16)section 23(1a)section 104section 45(5)(b)section 145b(1)section 194lakeyman insurancesection 160section 23(2)

Judgments citing In\nSedco Forex International Drilling Inc. v. CIT

M/S Yograj Chaudhary, Yamuna Nagar vs. ITO, Ward-5, Yamuna Nagar

ITA 116/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh11 Nov 2025AY 2017-18

…various provisions of law, as mentioned herein above. 61. Equally, the principle is well-settled that a judicial interpretation continues to apply only until the Legislature steps in and amends the law. In Sedco Forex International Drilling Inc. v. CIT (2005) 279 ITR 310 (SC), the Hon'ble Supreme Court held that judicial interpretation stands superseded when the statutory provision is subsequently amended prospectively. It was held asunder:- 12. In our view the 1999 Explanation could not apply to assessment years for the simple reason that it had not come into effect then. Prior to introducing the 1999 Explanatio…

Sh. Ramesh Chand, Jagadhri vs. ITO, Ward-3, Yamuna Nagar

ITA 731/CHANDI/2022[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16
For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…various provisions of law, as mentioned herein above. 61. Equally, the principle is well-settled that a judicial interpretation continues to apply only until the Legislature steps in and amends the law. In Sedco Forex International Drilling Inc. v. CIT (2005) 279 ITR 310 (SC), the Hon'ble Supreme Court held that judicial interpretation stands superseded when the statutory provision is subsequently amended prospectively. It was held asunder:- 12. In our view the 1999 Explanation could not apply to assessment years for the simple reason that it had not come into effect then. Prior to introducing the 1999 Explanatio…

Sh. Kulbir Singh S/O Sh. Jagir Singh, Pinjore vs. ITO, Ward 2, Panchkula

ITA 641/CHANDI/2022[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16

…various provisions of law, as mentioned herein above. 61. Equally, the principle is well-settled that a judicial interpretation continues to apply only until the Legislature steps in and amends the law. In Sedco Forex International Drilling Inc. v. CIT (2005) 279 ITR 310 (SC), the Hon'ble Supreme Court held that judicial interpretation stands superseded when the statutory provision is subsequently amended prospectively. It was held asunder:- 12. In our view the 1999 Explanation could not apply to assessment years for the simple reason that it had not come into effect then. Prior to introducing the 1999 Explanatio…

Saroj Chaudhary Bala, Panchkula vs. ITO, Ward-4, Panchkula

ITA 635/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh11 Nov 2025AY 2017-18

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…various provisions of law, as mentioned herein above. 61. Equally, the principle is well-settled that a judicial interpretation continues to apply only until the Legislature steps in and amends the law. In Sedco Forex International Drilling Inc. v. CIT (2005) 279 ITR 310 (SC), the Hon’ble Supreme Court held that judicial interpretation stands superseded when the statutory provision is subsequently amended prospectively. It was held asunder:- 12. In our view the 1999 Explanation could not apply to assessment years for the simple reason that it had not come into effect then. Prior to introducing the 1999 Explanatio…

Smt. Shankri Devi, Panchkula vs. ACIT, Panckula Circle, Panchkula

ITA 596/CHANDI/2022[2013-14]Status: DisposedITAT Chandigarh11 Nov 2025AY 2013-14

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

…various provisions of law, as mentioned herein above. 61. Equally, the principle is well-settled that a judicial interpretation continues to apply only until the Legislature steps in and amends the law. In Sedco Forex International Drilling Inc. v. CIT (2005) 279 ITR 310 (SC), the Hon’ble Supreme Court held that judicial interpretation stands superseded when the statutory provision is subsequently amended prospectively. It was held asunder:- 12. In our view the 1999 Explanation could not apply to assessment years for the simple reason that it had not come into effect then. Prior to introducing the 1999 Explanatio…

Harmala, Chandigarh vs. ITO, Ward 1(1), Nangal

ITA 432/CHANDI/2022[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16

…various provisions of law, as mentioned herein above. 61. Equally, the principle is well-settled that a judicial interpretation continues to apply only until the Legislature steps in and amends the law. In Sedco Forex International Drilling Inc. v. CIT (2005) 279 ITR 310 (SC), the Hon'ble Supreme Court held that judicial interpretation stands superseded when the statutory provision is subsequently amended prospectively. It was held asunder:- 12. In our view the 1999 Explanation could not apply to assessment years for the simple reason that it had not come into effect then. Prior to introducing the 1999 Explanatio…

Amrinder Singh Khubber, Ambala vs. ITO, W-5, Ambala

ITA 1043/CHANDI/2019[2012-13]Status: DisposedITAT Chandigarh11 Nov 2025AY 2012-13

…various provisions of law, as mentioned herein above. 61. Equally, the principle is well-settled that a judicial interpretation continues to apply only until the Legislature steps in and amends the law. In Sedco Forex International Drilling Inc. v. CIT (2005) 279 ITR 310 (SC), the Hon'ble Supreme Court held that judicial interpretation stands superseded when the statutory provision is subsequently amended prospectively. It was held asunder:- 12. In our view the 1999 Explanation could not apply to assessment years for the simple reason that it had not come into effect then. Prior to introducing the 1999 Explanatio…

DCIT, Circle 1(1)(1), Ahmedabad vs. Aia Engineering Ltd, Ahmedabad

In the result, the appeal of the Revenue is dismissed, whereas, the

ITA 565/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad01 Oct 2025AY 2014-15

Bench: Shri Sanjay Garg & Annapurna Gupta1. आयकर अपील सं/Ita No.565/Ahd/2025 – Asst.Year 2014-15 2. आयकर अपील सं/Ita No.351/Ahd/2025 – Asst. Year 2014-15 1. The Dcit Circle-1(1)(1) Ahmedabad – 380 015 बनाम / V/S. 2. Aia Engineering Ltd. 115, Gvmm Estate Odhav Road, Odhav Ahmedabad - 382 415 1. Aia Engineering Ltd. 115, Gvmm Estate Odhav Road, Odhav Ahmedabad – 382 415 2. The Dcit Circle-1(1)(1) Ahmedabad स्थायी लेखा सं./Pan: Aabca 2777 J (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Assessee By : Shri Tushar Hemani, Sr. Advocate Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 29/07/2025 घोषणा की तारीख / Date Of Pronouncement: 01/10/2025 आदेश/Order Per Sanjay Garg: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Preferred Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)'] Dated 13/01/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act') For The Assessment Year (Ay) 2014-2015. Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up Revenue'S Appeal In Ita No.565/Ahd/2025 For Ay 2014-15 For Adjudication.

For Appellant: Shri Tushar Hemani, Sr. AdvocateFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 2(17)Section 250

…not be given retrospective effect irrespective of phrases like "it is declared", "for the removal of doubts", "in order to make the intention of legislation clear", etc. Reliance is placed on the following: ➤ Sedeo Forex International Drill Inc. v. CIT [2005] 279 ITR 310 (SC) ➤ M.M. Aqua Technologies Ltd. v. CIT-[2021) 436 ITR 582 (SC) ➤ PCIT v. Era Infrastructure (India) Ltd. (2022) 448 ITR 674 (Delhi) ➤ CIT v. Vatika Township (P.) Ltd. 367 ITR 466 (SC) • Explanation 3 to S.37(1) was specifically inserted in statute book by Finance Act, 2022 to bring the violation of "laws outside India" within the purview of S.…

Aia Engineering Ltd., Ahmedabad vs. The Dy.CIT, Circle-1(1)(1), Ahmedabad

In the result, the appeal of the Revenue is dismissed, whereas, the

ITA 351/AHD/2025[2014-15]Status: DisposedITAT Ahmedabad01 Oct 2025AY 2014-15

Bench: Shri Sanjay Garg & Annapurna Gupta1. आयकर अपील सं/Ita No.565/Ahd/2025 – Asst.Year 2014-15 2. आयकर अपील सं/Ita No.351/Ahd/2025 – Asst. Year 2014-15 1. The Dcit Circle-1(1)(1) Ahmedabad – 380 015 बनाम / V/S. 2. Aia Engineering Ltd. 115, Gvmm Estate Odhav Road, Odhav Ahmedabad - 382 415 स्थायी लेखा सं./Pan: Aabca 2777 J (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Assessee By: Shri Tushar Hemani, Sr. Advocate Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 29/07/2025 घोषणा की तारीख / Date Of Pronouncement: 01/10/2025 आदेश/Order Per Sanjay Garg: The Captioned Are Cross-Appeals, One By The Assessee & The Other By The Revenue Preferred Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)'] Dated 13/01/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act') For The Assessment Year (Ay) 2014-2015. Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up Revenue'S Appeal In Ita No.565/Ahd/2025 For Ay 2014-15 For Adjudication.

For Appellant: Shri Tushar Hemani, Sr. AdvocateFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 2(17)Section 250

…annot be given retrospective effect irrespective of phrases like "it is declared", "for the removal of doubts", "in order to make the intention of legislation clear", etc. Reliance is placed on the following: Sedeo Forex International Drill Inc. v. CIT [2005] 279 ITR 310 (SC) M.M. Aqua Technologies Ltd. v. CIT-[2021) 436 ITR 582 (SC) PCIT v. Era Infrastructure (India) Ltd. (2022) 448 ITR 674 (Delhi) CIT v. Vatika Township (P.) Ltd. 367 ITR 466 (SC) • Explanation 3 to S.37(1) was specifically inserted in statute book by Finance Act, 2022 to bring the violation of "laws outside India" within the purview of S.37(1)…

Aryans Educational and Charitable Trust Regd, Mohali vs. Commissioner of Income Tax, Exemptions, Chandigarh

In the result, appeal is allowed

ITA 1136/CHANDI/2024[2025-26]Status: DisposedITAT Chandigarh24 Sept 2025AY 2025-26

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1136/Chd/2024 "नधा"रण वष" / Assessment Year: 2025-26 Aryans Educational & The Cit (Exemptions), Charitable Trust, Regd.Mohali Vs Chandigarh, C/O Shri Tej Mohan Singh, Advocate, # 527, Sector 10-D, Chandigarh. "थायी लेखा सं./Pan No: Aabta7550L अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Tej Mohan Singh, Advocate Revenue By : Shri Manav Bansal, Cit Dr Date Of Hearing : 07.08.2025 Date Of Pronouncement : 24.09.2025

For Appellant: Shri Tej Mohan Singh, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 11Section 12ASection 12A(1)(ac)Section 13(1)(c)Section 13(1)(ii)Section 13(3)

…aluable right of the assessee. The A.Y.2025-26 13 impact of these provisions is therefore prospective and cannot be given retrospective effect, also in view of the decision of the Supreme Court in the case of Sedco Forex International Drill Inc. v. CIT [2005] 279 ITR 310 wherein it has been held that even the provisions of an Explanation cannot be given retrospective effect unless specifically provided by the statute. A cardinal principle of the tax law is that the law to be applied is that which is in force in the relevant assessment year unless otherwise provided expressly or by necessary implication. An Explan…

Pr. Commissioner of Income Tax-1, Delhi vs. Acb (India) Power Ltd

ITA/331/2025HC Delhi22 Aug 2025

Bench: HON'BLE MR. JUSTICE V. KAMESWAR RAO,HON'BLE MR. JUSTICE VINOD KUMAR

Section 14A

…ill take effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in SedcoForex International Drill. Inc. v. CIT [2005] 279 ITR 310 (SC) ; (2005) 12 SCC 717 has held that a retrospective provision in a tax Act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow (page 316 of 279 ITR) : "The Hi…

Pr. Commissioner of Income Tax-1, Delhi vs. Acb (India) Power Ltd

ITA - 331 / 2025HC Delhi22 Aug 2025
Section 14A

…ill take effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in SedcoForex International Drill. Inc. v. CIT [2005] 279 ITR 310 (SC) ; (2005) 12 SCC 717 has held that a retrospective provision in a tax Act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow (page 316 of 279 ITR) : "The Hi…

Zodiac Ventures Limited, Mumbai vs. Income Tax Officer- 11 (3) (1), Mumbai

The appeal of the assessee is allowed

ITA 4135/MUM/2025[2017-18]Status: DisposedITAT Mumbai13 Aug 2025AY 2017-18

Bench: Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

For Appellant: Shri S. C. Tiwari, AR
Section 143(1)Section 14ASection 199Section 250

…ake effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in Sedco Forex International Drill. Inc. v. CIT [2005] 149 Taxman 352/279 ITR 310 has held that a retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow: '9. The High Court did not refer to the 1999 Explanation in up…

Assistant Commissioner of Income Tax, Madurai vs. Ramco Industries Limited, Chennai

Appeals of the revenue are dismissed

ITA 2901/CHNY/2024[2013-14]Status: DisposedITAT Chennai07 Apr 2025AY 2013-14

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकरअपीलसं./I.T.A.No.2900 & 2901/Chny/2024 (निर्धारण वर्ष / Assessment Year: 2011-12 & 2013-14)

Section 115JSection 143(3)Section 14ASection 263

…will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 13 ITA No. 2900 & 2901/Chny/2024 6. Furthermore, the Supreme Court in Sedco Forex International Drill. Inc. v. CIT [2005] 149 Taxman 352/279 ITR 310 has held that a retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow: '9. The High Court did not refer to the 1999 Explanation in u…

Assistant Commissioner of Income Tax, Madurai vs. Ramco Industries Limited, Chennai

Appeals of the revenue are dismissed

ITA 2900/CHNY/2024[2011]Status: DisposedITAT Chennai07 Apr 2025

Bench: Shri Manu Kumar Giri & Shri Jagadish

For Appellant: Mr.V.Justin, CITFor Respondent: Mr. S.Muralidhar, FCA &
Section 115JSection 143(3)Section 144Section 14ASection 263

…ake effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in Sedco Forex International Drill. Inc. v. CIT [2005] 149 Taxman 352/279 ITR 310 has held that a retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow: '9. The High Court did not refer to the 1999 Explanation in up…

Assistant Commissioner of Income Tax, Madurai vs. Ramco Industries Limited, Madurai

Appeals of the revenue stand dismissed

ITA 2884/CHNY/2024[2020]Status: DisposedITAT Chennai24 Feb 2025

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.2883 & 2884/Chny/2024. (िनधा"रणवष" / Assessment Years: 2018-2019 & 2020-2021) The Assistant Commissioner Of Vs. Ramco Industries Limited, Income Tax, 47, Psk Nagar, Corporate Circle, Rajapalayam 626 108. Madurai [Pan Aaacr 5284J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. S. Muralidhar & Shri J. Prabhakar, F.C.As. ""यथ" क" ओर से /Respondent By : Shri. R. Bhoopathi, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 06.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 24.02.2025 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. S. Muralidhar and Shri JFor Respondent: Shri. R. Bhoopathi, Addl. CIT
Section 115JSection 143(3)Section 14A

…ake effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in Sedco Forex International Drill. Inc. v. CIT [2005] 149 Taxman 352/279 ITR 310 has held that a retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow: '9. The High Court did not refer to the 1999 Explanation in up…

Assistant Commissioner of Income Tax, Madurai vs. Ramco Industries Limited, Rajapalayam

Appeals of the revenue stand dismissed

ITA 2883/CHNY/2024[2018]Status: DisposedITAT Chennai24 Feb 2025

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.2883 & 2884/Chny/2024. (िनधा"रणवष" / Assessment Years: 2018-2019 & 2020-2021) The Assistant Commissioner Of Vs. Ramco Industries Limited, Income Tax, 47, Psk Nagar, Corporate Circle, Rajapalayam 626 108. Madurai [Pan Aaacr 5284J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. S. Muralidhar & Shri J. Prabhakar, F.C.As. ""यथ" क" ओर से /Respondent By : Shri. R. Bhoopathi, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 06.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 24.02.2025 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. S. Muralidhar and Shri JFor Respondent: Shri. R. Bhoopathi, Addl. CIT
Section 115JSection 143(3)Section 14A

…ake effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in Sedco Forex International Drill. Inc. v. CIT [2005] 149 Taxman 352/279 ITR 310 has held that a retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow: '9. The High Court did not refer to the 1999 Explanation in up…

Muthu Thevar Nagarajan, Dindigul vs. ITO, Ward-1., Dindigul

Appeals of the revenue stand dismissed

ITA 2083/CHNY/2024[2018-19]Status: DisposedITAT Chennai24 Feb 2025AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal & Hon’Ble Shri Manu Kumar Giriआयकरअपील सं./ Ita Nos.2883 & 2884/Chny/2024. (िनधा"रणवष" / Assessment Years: 2018-2019 & 2020-2021) The Assistant Commissioner Of Vs. Ramco Industries Limited, Income Tax, 47, Psk Nagar, Corporate Circle, Rajapalayam 626 108. Madurai [Pan Aaacr 5284J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. S. Muralidhar & Shri J. Prabhakar, F.C.As. ""यथ" क" ओर से /Respondent By : Shri. R. Bhoopathi, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 06.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 24.02.2025 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Shri. S. Muralidhar and Shri JFor Respondent: Shri. R. Bhoopathi, Addl. CIT
Section 115JSection 143(3)Section 14A

…ake effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in Sedco Forex International Drill. Inc. v. CIT [2005] 149 Taxman 352/279 ITR 310 has held that a retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. The relevant extract of the said judgment is reproduced hereinbelow: '9. The High Court did not refer to the 1999 Explanation in up…

Deputy Commissioner of Income-Tax-8(3), Mumbai vs. Rosy Blue (India) Private Limited, Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 582/MUM/2024[2017-18]Status: DisposedITAT Mumbai16 Sept 2024AY 2017-18

Bench: Ms. Kavitha Rajagopal, Jm & Shri Girish Agrawal, Am Dy. Cit-8(3) Rosy Blue (India) Private Limited Room No. 656, 6Th Floor, 1608/09, Prasad Chambers, Aayakar Bhavan, Mumbai-400 020 Vs. Tata Road No.2, Opera House, Mumbai-400 004

For Appellant: ShriNitesh Joshi, Ashwin KasinathFor Respondent: Smt. Mahita Nair
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 14ASection 250

…take effect from 1st April, 2022 and will accordingly apply in relation to the assessment year 2022-23 and subsequent assessment years." (emphasis supplied) 6. Furthermore, the Supreme Court in Sedco Forex International Drill. Inc. v. CIT[2005] 149 Taxman 352/279 ITR 310 has held that a retrospective provision in a tax act which is "for the removal of doubts" cannot be presumed to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. 15. From the above, it is inferred that this issue is no longer resintegra and has been decided in favour of the assessee in asses…

Mahadev Enclave Pvt. Ltd., Jaipur vs. PCIT(Central), Jaipur

In the result, the appeal of the assessee is allowed

ITA 636/JPR/2024[2019-20]Status: DisposedITAT Jaipur22 Jul 2024AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Sh. Anil Dhaka (CIT)
Section 10Section 143(3)Section 14ASection 263

…d cannot be treated as retrospective in nature even though the language used is “For the removal of doubts” or “deemed to have always applied”. Reliance in this regard is placed on the following decisions:- Sedco Forex International Drill Inc. Vs. CIT (2005) 279 ITR 310 (SC) Relevant extract of the decision is as under:- “18. As was affirmed by this Court in Goslino Mario [(2000) 10 SCC 165] a cardinal principle of the tax law is that the law to be applied is that which is in force in the relevant assessment year unless otherwise provided expressly or by necessary implication (see also: Reliance Jute and Indust…