Varkey Jacob & Co. vs Commissioner Of Income Tax & Anr.

Authority: High Court Date: 2004-11-26 AY: 1979-80, 1980-81, 1981-82, 1982-83, 1983-84, 1984-85 Section: 147, 147(b), 149 Acts: Income Tax Act 1961, Constitution of India, Land Acquisition Act 1894, Direct Tax Laws (Amendment) Act 1987 Result: Assessee Citation: (2005) 196 CTR (Ker) 391 : (2005) 275 ITR 146 (Ker) : (2005) 146 TAXMAN 665 (Ker) Justices: J.B. Koshy & K.P. Balachandran, JJ. Appeal No: Writ Appeal No. 1668 of 2002
Whether proceedings for imposing tax or reopening assessment for assessment years which have attained finality under existing law due to bar of limitation can be revived by amendment of law which has no express provision of retrospective effect --- Held: No. Whether amended provisions of sections 147-149 of Income Tax Act 1961 can be applied to revive assessments that were time-barred before the amendment came into force --- Held: No.

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