S.C : The respondents have now filed a writ petition in the High Court (Writ Petition No. 1003 of 1999) which challenges the validity of the said amendment.

Supreme Court Of India

CIT vs. National Agricultural Corporation Marketing Federation Ltd.

Section 80P(2)(a)(iii)

S.P. Bharucha, Syed Shah Mohammed Quadri & Shivaraj V. Patil, JJ.

Civil Appeal No. 2135 of 2000

15th March, 2000

ORDER

BY THE COURT :

Leave granted. The notice that was issued on the special leave petition stated that the matter might be disposed of at this stage by an order remitting the tax reference case to the High Court for being heard afresh. The question, basically is in regard to the retrospective operation of s. 80P(2)(a)(iii) of the IT Act, as amended by the second Amendment Act of 1999 [sic—1998], with retrospective effect from 1st April, 1968. The order under challenge, though subsequent to the date of the amendment, does not take note thereof. The respondents have now filed a writ petition in the High Court (Writ Petition No. 1003 of 1999) which challenges the validity of the said amendment. It is, therefore, appropriate that the appeal be allowed, the order under appeal be set aside and this matter (IT Ref. No. 227 of 1978) be restored to the file of the High Court to be heard and considered afresh, along with the writ petition. Order on the appeal accordingly. No order as to costs.

[Citation : 246 ITR 486]

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