LawDistill
Supreme Court of India

UNION OF INDIA vs PALIWAL OVERSEAS PVT. LTD on 2 December, 2016

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C.A. No.-011585-011585 - 2016Official PDFBench Kurian Joseph, Rohinton Fali NarimanAdvocates ANIL KATIYAR
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
UNION OF INDIA & ORS. APPELLANTS
VERSUS
PALIWAL OVERSEAS PVT. LTD. RESPONDENT
WITH
(@SLP © NO.35548 OF 2016 @SLP (C) CC NO.7842 OF 2013)
CIVIL APPEAL NO.11625JUDGMENTOF 2016
CIVIL APPEAL NO.11703 OF 2016(@SLP (C) NO.4870 OF JUDGMENT2014)
J U D G M E N T

Delay condoned.

Leave granted.

The only question of law to be decided is whether Section

80 HHC of the Income Tax Act, 1961 as amended in 2005 is

prospective in operation. It has since been settled by this Court

that the same is only prospective.

As far as issue relating to turnover below 10 crores and above

10 crores is concerned, the same has already been answered by this

Court in the recent order dated 30.03.2015 in SLP(C) No.9273 of

2013 (C.I.T. -5 & ANR. VS. M/S. AVANI EXPORTS & ANR.) making it

clear that it applied to both categories.

In terms of the said order, these appeals are also disposed

of.

Order dated 30.03.2015, as mentioned above, shall form part of JUDGMENT this judgment.