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Supreme Court of India · body

1999 DIGILAW 610 (SC)

Tobacco Board v. Commissioner Of Income Tax, Vijayawada

1999-05-03

J.JAGANNADHA RAO, S.RAJENDRA BABU

body1999
M.JAGANNADHA RAO, J. (1) LEAVE granted. (2) IN view of the provision in Section 10(29-A)(d) introduced by the Finance Act, 1999, the Tobacco Boards income becomes exempt from income lax for any assessment year with effect from 1-4-1975 or the previous year in which the Board was constituted. Hence the assessments already made stand set aside by virtue of Section 10(29-A)(d) with retrospective effect. We declare accordingly and allow the appeal holding that there is no liability to income tax as provided in Section 10(29-A)(d). The appellant will also be entitled to refund consequent to retrospective amendment passed by Parliament. (3) THE appeal is disposed of accordingly. There will be no order as to costs.