SedcoForexInternational Drill. Inc. v. CIT

10 SCC 165Reported decision2000#507 most cited

What is SedcoForexInternational Drill. Inc. v. CIT authority for?

The tax law applicable to an assessment year is the law in force during that year, unless expressly or implicitly provided otherwise. Explanations to a statutory provision are only clarificatory if they clear up ambiguity and do not change or add to the main section.

186

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2025.

Also referred to as

SedcoForexInternational Drill. Inc. v. CIT · 2000 10 SCC 165 · tax law in force · relevant assessment year · retrospective amendment · clarificatory amendment · explanation to section · interpretation of statutes

Sections most often in play

Section 14ASection 143(3)Section 8DSection 115JBSection 36(1)(vii)Section 36(1)(viia)Section 250Section 263

Issues it is cited on

section 9(1)(ii)section 80absection 73clarificatory amendmentresulting companytransferor companyretrospective amendmentsection 9(1)section 115jaddtstrategic investmentdisallowance under section 14a

Judgments citing SedcoForexInternational Drill. Inc. v. CIT

Babul Fiscal Services Private Limited, Kolkata vs. ACIT, Circle-2(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 318/KOL/2022[2017-2018]Status: DisposedITAT Kolkata02 Aug 2022AY 2017-2018

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 142(1)Section 143(2)Section 14A

…tion applicable to the cases of the present assessees. This fortuitous circumstance cannot take away the vested rights of the assessees at hand.” 11. The reasoning of the Gauhati High Court was expressly affirmed by this Court in CIT v. Goslino Mario [(2000) 10 SCC 165 : (2000) 241 ITR 312] . These decisions are thus authorities for the proposition that the 1983 Explanation expressly introduced with effect from a particular date would not effect the earlier assessment years. 12. In this state of the law, on 27-2-1999 the Finance Bill, 1999 substituted the Explanation to Section 9(1)(ii) (or what has been referr…

ACIT- CC - 4(2), Mumbai vs. K.Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2527/MUM/2021[2017-18]Status: DisposedITAT Mumbai17 Jun 2022AY 2017-18

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in Sedco Forex International Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

ACIT- CC- 4(2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2526/MUM/2021[2018-19]Status: DisposedITAT Mumbai17 Jun 2022AY 2018-19

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in Sedco Forex International Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

ACIT-CC -4(2), Mumbai vs. K . Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2525/MUM/2021[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in Sedco Forex International Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

ACIT- CC- 4(2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2524/MUM/2021[2016-17]Status: DisposedITAT Mumbai17 Jun 2022AY 2016-17

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in Sedco Forex International Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

ACIT- CC- 4 (2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2523/MUM/2021[2015-16]Status: DisposedITAT Mumbai17 Jun 2022AY 2015-16

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in Sedco Forex International Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

ACIT- CC- 4 (2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2522/MUM/2021[2014-15]Status: DisposedITAT Mumbai17 Jun 2022AY 2014-15

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in Sedco Forex International Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

ACIT - CC 4(2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2521/MUM/2021[2012-13]Status: DisposedITAT Mumbai17 Jun 2022AY 2012-13

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in Sedco Forex International Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Jangloos Chandak Creation Pvt. Ltd., Kolkata vs. DCIT, Cir. 11(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 495/KOL/2021[2018-19]Status: DisposedITAT Kolkata06 Apr 2022AY 2018-19

Bench: Shri A. T. Varkey, Jm & Shri Girish Agrawal, Am]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Jangloos Chandak Creation Pvt. Ltd., Kolkata vs. DCIT, Cir. 11(1), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 494/KOL/2021[2017-18]Status: DisposedITAT Kolkata06 Apr 2022AY 2017-18

Bench: Shri A. T. Varkey, Jm & Shri Girish Agrawal, Am]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Pnp Engineering Works (P) Ltd, Purba Medinipur vs. A C of Income Tax Cir. 27(1), Haldia

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 334/KOL/2021[2019-20]Status: DisposedITAT Kolkata04 Mar 2022AY 2019-20

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an PNP En…

Pnp Engineering Works (P) Ltd, Purba Medinipur vs. A C of Income Tax Cir. 27(1), Haldia

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 333/KOL/2021[2018-19]Status: DisposedITAT Kolkata04 Mar 2022AY 2018-19

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an PNP En…

Pnp Engineering Works (P) Ltd, Purba Medinipur vs. A C of Income Tax Cir. 27(1), Haldia

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 332/KOL/2021[2017-18]Status: DisposedITAT Kolkata04 Mar 2022AY 2017-18

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an PNP En…

Desana Poly Plastic Industries, Kolkata vs. ACIT, Cir. 34, Kolkata

In the result, the appeal of the assessee is allowed

ITA 452/KOL/2021[2017-18]Status: DisposedITAT Kolkata28 Feb 2022AY 2017-18

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Md. Mujibur Rahaman, Durgapur vs. ACIT, Cir. 2, Durgapur

In the result, the appeal of assessee is allowed

ITA 381/KOL/2021[2014-15]Status: DisposedITAT Kolkata28 Feb 2022AY 2014-15

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) 4 Md. Mujibur Rahaman AY 2014-15 An Explanation to a statutory provision may fulfil th…

Kanchan Metals Pvt. Ltd, Kolkata vs. DCIT, Cir. 8(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 309/KOL/2021[2018-19]Status: HeardITAT Kolkata23 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Trident Security and Allied Services Pvt. Ltd, Kolkata vs. ITO, Ward 2(4), Kolkata

In the result, the appeals of the assessee are allowed

ITA 303/KOL/2021[2018-19]Status: HeardITAT Kolkata23 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Trident Security and Allied Services Pvt. Ltd, Kolkata vs. ITO, Ward 2(4), Kolkata

In the result, the appeals of the assessee are allowed

ITA 302/KOL/2021[2017-18]Status: HeardITAT Kolkata23 Feb 2022AY 2017-18

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Microviews Infosystems Pvt. Ltd, Kolkata vs. DCIT, C.P.C., Bangaluru

In the result, the appeal of the assessee is allowed

ITA 295/KOL/2021[2018-18]Status: DisposedITAT Kolkata23 Feb 2022AY 2018-18

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…

Flowline Services Pvt Ltd, Kolkata vs. ITO, Ward-12(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 267/KOL/2021[2016-17]Status: HeardITAT Kolkata23 Feb 2022AY 2016-17

Bench: Shri A. T. Varkey & Shri Rajesh Kumar, Am]

Section 139Section 2(24)(x)Section 36(1)(va)Section 43B

…to be retrospective, even where such language is used, if it alters or changes the law as it earlier stood. This was stated in SedcoForexInternational Drill. Inc. vs. CIT (2005) 12 SCC 717 as follows: 17. 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 Industries Ltd. v. CIT [(1980) 1 SCC 139].) An Explanation to a statutory provision may fulfil the purpose of clearing up an ambigu…