Orchid Infrastructure Developers (P.) Ltd. v. UOI (2019) 261 Taxman 389/ 178 DTR 145 / 308 CTR 817 (Delhi)(HC)/Ajay Kumar Gupta v. UOI (2019) 308 CTR 817/ 178 DTR 145/ 261 Taxman 389 (Delhi)(HC)

S. 234B : Interest-Advance tax-Sub-section (2A) to section 234B introduced by the Finance Act, 2015 is not retrospective and would be applicable to all proceedings in which orders are pending and/or in which orders under section 245D(4) are passed on or after 1-6-2015. [S. 234B(2A), 245D(4)]

The Settlement Commission under section 245D(4) settled the case and had directed for levy of interest on the enhanced amount under sub-section (2A) to section 234B. The assessee filed the petition and contended that that sub-section (2A) to section 234B introduced by the Finance Act, 2015 is not retrospective and would not be applicable as the petitioner had filed the application for settlement before sub-section (2A) to section 234B was enacted and Sub-section (2A) to section 234 B was inserted by the Finance Act, 2015 with effect from 1-6-2015. Dismissing the petition the Court held that , Sub-section (2A) to section 234B introduced by the Finance Act, 2015 is not retrospective and would be applicable to all proceedings in which orders are pending and/or in which orders under section 245D(4) are passed on or after 1-6-2015. (WP No. 10313 of 2016, Dt. 17.01.2019)