| COURT: | Gujarat High Court |
| CORAM: | R. P. Dholeria J, Vijay Manohar Sahai J |
| SECTION(S): | 80-IB(9) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Retrospective amendment |
| COUNSEL: | S. N. Soparkar |
| DATE: | March 26, 2015 (Date of pronouncement) |
| DATE: | March 26, 2015 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 80-IB(9): The Explanation to Section 80-IB(9) inserted by Finance (No. 2) Act 2009 w.r.e.f. 1.4.2000 is ultra vires to Article 14 of the Constitution of India. | |
It is true that legislature is entitled to depart from this meaning and can define it the way it chooses to do so. While doing so, it has to resort to the process known to and approved by law. The explanation introduced by Finance Act (No.2) of 2009 is a departure from the settled interpretative meaning given by Courts to the expression ‘Undertaking”. Any departure, therefore, has to be through the process of validation which has to be notwithstanding any law or decision
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