Law: Income Tax Act, 1922

Section: 18,18A(6)

(a) Income-tax Act (XI of 1922)---S.18-A(6) [as amended by Finance Act (L of 1973)]---C.B.R. Circular No.6 of 1973 dated 7th July, 1973---Remedial statutes ---Construction--Retrospectivity---Amendment in S.18-A(6) of the Income-tax Act, 1922 having been introduced to redress an injury which was designed to soften the law in favour of tax-payers who could previously be charged to additional tax up to the date of assessment even though the finalization of assessment was delayed due to no fault on their part was retrospective in operation to the extent of only such cases which were pending at the time the amending law was enacted i.e. cases which had not been finally determined or proceedings which had not attained finality---Retrospective effect of the amending law would, therefore, apply only to those cases where assessment had not been made by the I.T.Os. or where an appeal was pending before the Tribunal or reference was subjudice before the High Court, at the time the amending law was enacted--Cases which had finally been determined or had attained finality i.e. which were past and closed transactions, could not be re-opened under amending legislation, as there was no express words to that effect in the amending law. Crawford's Statutory Construction 1940 Edn., para. 282 ref. (b) Interpretation of statutes--- ---- Remedial law---Liberal interpretation---Principles of constitution of remedial statutes stated. JUDGMENT NASIM HASAN SHAH, ACTG. CJ. ---This judgment will dispose of the above-noted appeals as all of them involve the same question of law, namely, whether the amendment made in subsection (6) of section 18-A of the Income-tax Act, 1922 by the Finance Act of 1973 whereby the additional amount of tax under subsection (6) of section 18-A could only be charged for a period not exceeding 15 months, extended also to the cases of assessees who had submitted their returns before the coming into force of the said amendment, but their cases of regular assessment had not yet been finalized and were still pending. For answering this question, reference to the facts of the case of Commissioner of Income Tax v. M/s. Shahnawaz Limited (Civil Appeal No.210-K of 1990)…

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