S.35AC:Expenditue on eligible projects – Schemes –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 –Withdrawal of exemption is valid . S. 35AC(7) is prospective in nature- Provision is valid in law . [ S.35AC(7) ]
Prashanti Medical Service & Research Foundation v. UOI ( 2019) 416 ITR 485/ 180 DTR 209/ 309 CTR 457 / 265 Taxman 504(SC), www.itatonline.org Editorial : From the judgement in Prashanti Medical Service & Research Foundation v. UOI (2017) 399 ITR 450/ 250 Taxman 515/157 DTR 241 /298 CTR 265 (Guj) (HC)