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Vested right of person cannot be affected by retrospective legislation: Bombay HC
Case Law Details
- Case Name
- Senapati Santaji Ghorpade Sugar Factory Ltd. Vs ACIT (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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Senapati Santaji Ghorpade Sugar Factory Ltd. Vs ACIT (Bombay High Court)
Bombay High Court held that retrospective legislation cannot deprive a person of an accrued right vested in him under a statute or under the Constitution. Thus, the notification dated 28th September 2021 making only those assessees eligible to file application before the Settlement Commission who were eligible as on 31st January 2021 is invalid.
Facts- Petitioner is a company engaged in the business of manufacturing and trading in sugar, ethanol, power, etc. Petitioner received a notice dated 16th September 2021 from Assi...
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