Reassessment based on subsequently amended Provisions is invalid

Brahm Datt Vs ACIT (Delhi High Court)

CONCLUSION –

Re-assessment not tenable in law in as much as the same is barred by limitation. Any subsequent amendment in the re-assessment provisions, if not specifically mentioned, are presumed to be prospective and hence not applicable in the present case.

FACTS –

Petitioner, a senior citizen, was non-resident/not ordinarily resident of India from AY 1984-85 to AY 2003-04. During that period he earned income from salary and professional receipts and filed return in India in the status of non-resident/not ordinarily resident.

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