SCM Creations v. Union of India / Central Board of Direct Taxes, New Delhi / The Assistant Commissioner of Income-tax, Circle-(I), Tirupur
[Citation -2017-LL-0912-14]
| Citation | 2017-LL-0912-14 |
|---|---|
| Appellant Name | SCM Creations |
| Respondent Name | Union of India / Central Board of Direct Taxes, New Delhi / The Assistant Commissioner of Income-tax, Circle-(I), Tirupur |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 12/09/2017 |
| Judgment | View Judgment |
| Keyword Tags | speaking order • ultra vires |
| Bot Summary: | In 2 Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Declaration, declaring Sections 115 WA to WL of the Income Tax Act, 1961 as introduced by the Finance Act, 2005 ultra vires of Article 14, 19(1)(g) and 265 of the Constitution of India and as beyond the legislative competence of Parliament in so far as the petitioner is concerned. 2.The petitioners in all these Writ Petitions have come forward with these Writ Petitions for issuance of Writ of Declaration to declare Sections 115 WA(2) and 115 WB(1) and 115 WB of the Income Tax Act, 1961 as introduced by the Finance Act, 2005 ultra vires of Article 14, 19(1)(g) and 265 of the Constitution of India and as beyond the legislative competence of Parliament in so far as the petitioners are concerned. 3.The learned counsel for the petitioners as well as the learned counsel for the Revenue submitted that the declaration sought for in all these Writ Petitions have been now seized of by the Hon'ble Supreme Court and similar Writ Petitions have been transferred to the Hon'ble Supreme Court from the other High Courts as well. 4.Thus, considering the fact that the matter is now seized of by the Hon'ble Supreme Court, these Writ Petitions can be disposed of with appropriate directions, leaving it open to the parties i.e. the petitioners as well as the Revenue to abide by the decision of the Hon'ble Supreme Court. In legislation, then the assessees like the petitioners should not plead that the action 4 that may be initiated by the Department or in the process of being initiated, is barred by limitation. 6.The Revenue need not have any apprehension in this regard, as the Court proposes to safeguard the interest of the Revenue by passing the following orders: The petitioners are directed to abide by the decision of the Hon'ble Supreme Court where the challenge to the impugned provisions are pending. Connected miscellaneous petitions are closed. |