Case Law Details
Case Name : M. Abdul Rehuman Kunju Vs Assistant Commissioner of Income-tax (Kerala High Court)
Related Assessment Year :
Courts :
All High Courts Kerala High Court
HIGH COURT OF KERALA
M. Abdul Rehuman Kunju
versus
Assistant Commissioner of Income-tax, Circle-I, Kollam
I T Appeal Nos. 50 & 63 of 2012
August 3, 2012
JUDGMENT
Vinod Chandran, J.
The assessee is in appeal before us against the orders of the Tribunal for the assessment years 2001-’02, and 2003-’04. The appellant/assessee is an exporter of cashew kernels and the assessments for the respective years were completed by accepting the returns under Section 143(1) of the Income Tax Act, 1961 (hereinafter called the Act). Subsequently noticing that the income chargeab...
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On the first blush, to say the least, in one’s conviction,there is a certain difficulty or inescapable mental block in reaily reconciling the view the HC has taken, with the applicable principles of interpretation to be gathered from case law on issues founded on any such ‘retrospective amendment of law’.In particular,the two limbs of the concluding observations,which read as under, –
“We would then be stepping out of and beyond the scope of the jurisdiction under Section 260A. The assessee too has not raised such a question in the appeal.”-
are not quite understood.
May be, prima facie,the HC’s ruling itself gives rise to a ‘substabtial question of law’; hence,one will be obliged to wait for the final outcome of the inevitable further proceedings.