| COURT: | Supreme Court |
| CORAM: | Abhay Manohar Sapre J, Indu Malhotra J |
| SECTION(S): | 35AC |
| GENRE: | Domestic Tax |
| CATCH WORDS: | constitutional validity, estoppel, promissory estoppel |
| COUNSEL: | Arvind Datar |
| DATE: | July 25, 2019 (Date of pronouncement) |
| DATE: | July 27, 2019 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 35AC(7) is prospective in nature. A plea of promissory estoppel is not available to an assessee against the exercise of legislative power nor any vested right accrues to an assessee in the matter of grant of any tax concession to him. In a taxing statute, a plea based on equity or/and hardship is not legally sustainable. The constitutional validity of any provision and especially taxing provision cannot be struck down on such reasoning. In tax matters, neither any equity nor hardship has any role to play while deciding the rights of any taxpayer qua the Revenue | |
As rightly argued by the learned counsel for the respondent (Revenue), a plea of promissory estoppel is not available to an assessee against the exercise of legislative power and nor any vested right accrues to an assessee in the matter of grant of any tax concession to him. In other words, neither the appellant nor the assessee has any right to set up a plea of promissory estoppel against the exercise of legislative power
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