Section 245C(5) Of Income Tax Act Is Read Down By Removing Retrospective Last Date Of 1st Feb 21 As 31st March 21: Madras High Court

Case: M/s. Jain Metal Rolling Mills Versus Union of India

Coram: Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy

Case No.: W.P.Nos.13455 of 2021

Court Observation: “We are unable to accept the contentions on behalf of the writ petitioners that the circular imposes an additional condition of eligibility that is not there in the statute. Even though there is no specific provision regarding eligibility, the right to approach the ITSC can be exercised so long as the ITSC is operational under law. When ITSC itself has been made inoperative with effect from 01.02.2021, it cannot be said that clause 4(i) of the circular runs counter or imposes an additional condition on the statute,”.

“We find that it is just and necessary to write down the last date mentioned for filing applications in Section 245C(5) as 31.03.2021, and consequently, the last date mentioned in paragraph No.4(i) of the Circular should also be read as 31.03.2021,”.

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Section 245C(5) Of Income Tax Act Is Read Down By Removing Retrospective