Retrospective Amendment to s. 115JB vide FA 2009 is not ultra vires or unconstitutional

HIGH COURT OF DELHI Whirlpool of India Ltd. versus Union of India W.P.(C) No. 3126 of 2010 FEBRUARY  28, 2013  ORDER R.V. Easwar, J. – In this writ petition, the petitioner challenges the retrospectivity of the amendment made to Section 115 JB of the Income Tax Act, 1961 by the Finance (No.2) Act, 2009 by insertion of clause (i) to Explanation 1 with retrospective effect from 01.04.2001. 2. The petitioner is a public limited company incorporated under the Companies Act, 1956 and is engaged in the business of manufacture and trading/export of consumer items such as ref...