Case Law Details
Challenge to Constitutional Validity of Section 115BBDA of the Act in the Hon’ble Supreme Court
In a Petition filed under Article 32 of the Constitution of India challenging the constitutional validity of Section 115BBDA [Tax on Dividend income above Rs. 10 Lakhs] of the Act, the Hon’ble Supreme Court granted liberty to file SLP against the decision of the Hon’ble Delhi High Court in the case of Rajan Bhatia wherein the validity of the said section was upheld and SLP there against had earlier been dismissed by the Hon’ble Apex Court.
Full text of the decision of the Hon’ble Apex Court in the case of Shilpin Tater vs. Union of India [WP(C) No. 1044 of 2019] is reproduced here under:
“Learned counsel for the petitioner invited our attention to the judgment dated 17.01.2019 passed by the Delhi High Court in Writ Petition (Civil) No.4089 of 2017, titled as “Rajan Bhatia v. Central Board of Direct Taxes & Another, which had rejected the challenge to Section 115BBDA of the Income Tax Act, 1961.
Learned counsel prays for and is granted liberty to withdraw this writ petition, to enable him to challenge said judgment of the High Court. Liberty granted without expressing any opinion on the merits of the challenge.
This writ petition is disposed of accordingly.”
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