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Withdrawal of circular dealing with income arising from business connection in India is prospective in nature
Case Law Details
- Case Name
- Sanjiv Gupta Vs. DCIT (ITAT Lucknow)
- Courts
- All ITAT, ITAT Lucknow
Lucknow Income-tax Appellate Tribunal (the “Tribunal”) in the case of Sanjiv Gupta Vs. DCIT [201 1-TII-06-ITAT-LKW-INTL] , held that Circular No. 7 of 2009 dated 22 October, 2009 withdrawing the Circular No. 23 of 1969 dated 23 July, 1969 would be effective only prospectively from 22 October, 2009. The Circulars are briefly explained in the following table:
Circular No. 23 of 1969
Circular No. 7 of 2009
The Central Board of Direct taxes (“CBDT”) had issued this Circular to provide clarifications in deciding questions regardi...
the case was argued by me before the Hon’ble ITAT Lucknow. The Hon’ble ITAT also relied on Hon’ble Kerla High Court full bench judgement.