SUPREME COURT OF INDIA

Before:- S.P. Bharucha, S.S.M. Quadri and Shivaraj V Patil, JJ.

CA 2135/2000. D/d. 15.3.2000.

Commissioner Of Income-Tax - Petitioner

Versus

National Agricultural Corporation Marketing Federation Ltd. - Respondent

Income Tax Act, 1961, Section 80P(2)(a)(iii) - Retrospective operation of Section 80P(2)(a)(iii) as amended by IInd Amendment Act of 1999 - High Court without taking note of such retrospective operation passed impugned order after the date of said amendment - Subsequently writ petition filed assailing validity of said amendment - Impugned order set aside and matter remanded for fresh consideration along with writ petition.

[Para 3]

JUDGMENT

S.P. Bharucha, J. - Leave granted.

2. The notice that was issued on the Special Leave Petition stated that the matter might be disposed of at this stage by an order remitting the tax reference case to the High Court for being heard afresh.

3. The question, basically is in regard to the retrospective operation of Section 80P (2) (a) (iii) of the Income Tax Act, as amended by the IInd Amendment Act of 1999, with retrospective effect from 1st April, 1968. The order under challenge, though subsequent to the date of the amendment, does not take note thereof. The Respondents have now filed a Writ Petition in the High Court (Writ Petition No. 1003 of 1999) which challenges the validity of the said amendment. It is, therefore, appropriate that the appeal be allowed, the order under appeal be set aside and this matter (I.T.R.No.227 of 1978) be restored to the file of the High Court to be heard and considered afresh, along with the Writ Petition.

4. Order on the appeal accordingly.

5. No order as to costs.

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