Sec. 234D – Applies to A.Y. commencing before 01.06.2003 if Assessment is not completed on that date

SUPREME COURT OF INDIA

Petition(s) for Special Leave to Appeal (Civil) No(s). 14013/2013

(From the judgement and order dated 19/07/2012 in ITA No. 2193/2009 of The HIGH COURT OF BOMBAY)

COMMISSIONER OF INCOME TAX-I

VERSUS

M/S. RELIANCE ENERGY LTD.
(With prayer for interim relief and office report )

Date: 30/09/20 13 This Petition was called on for hearing today. CORAM :

HON’BLE MR. JUSTICE R.M. LODHA HON’BLE MR. JUSTICE SHIVA KIRTI SINGH

For Petitioner(s) Mr. Arijit Prasad, Adv.

Mr. D.L. Chidananda, Adv. Mr. Sahil Tagotra, Adv. Mrs Anil Katiyar,Adv.

For Respondent(s) Mr. G.C. Srivastava, Adv. Ms. Preeti Bhardwaj, Adv. Mr. Aditya Parda, Adv. Mr. Shiv Kumar Suri,Adv.

UPON hearing counsel the Court made the following O R D E R

Heard learned counsel for the parties.

Learned counsel for the Revenue submits that the question involved in the present special leave petition is in respect of retrospectivity of Section 234D of the Income Tax Act, 1961 (for short, ‘Act’) and, therefore, the decision of the Bombay High Court in Director of Income Tax (International Taxation)-I Vs. M/s Delta Air Lines Inc. has no application and the High Court erred in dismissing the appeal preferred by the Revenue while keeping the question of retrospectivity of Section 234D open.