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.