Commissioner of Income Tax vs Varas International (P.) Ltd.

The following question was referred to the Constitution Bench for reconsideration of the decisions of this Court in the cases of Commissioner of Income Tax, Bombay etc. Vs. M/s. Podar Cement Pvt. Ltd. etc., Allied Motors (P.) Ltd. Vs. Commissioner of Income Tax, Delhi, M/s. Suwalal Anadilal Jain Vs. Commissioner of Income Tax, Bihar-II, Ranchi, and the judgment of a Bench of two learned judges in Brij Mohan Das Laxman Das Vs. Commissioner of Income Tax, Allahabad,

For the amendment of a statute to be construed as being retrospective, should not be amended provision itself indicate, either in terms or by necessary implication, that it is to operate retrospectively?

It is conceded by the learned Additional Solicitor General, who appears in support of the reference, that the issue has been conclusively determined by this Court consistently in the affirmative over a period of years. There is no conflict which requires resolution by way of a reference. Accordingly, the matters are remanded back to the Division Bench for disposal on the merits.