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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M. S. SONAK, JITENDRA JAIN
All India Central Bank – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Per MS Sonak J :-
1. Heard learned counsel for the parties.
2. Learned counsel for the parties agree that a common judgment and order can dispose of these Petitions because substantially common issues of law and fact arise. Learned counsel agree that Writ Petition No.825 of 2006 may be treated as the lead Petition.
3. The Petitioners are Associations/Federations of the officers of nationalised banks. They purport to represent the bank officers. In some of the Petitions, there was a prayer for a grant of leave to prosecute these Petitions in a representative capacity. However, such prayers were not pursued, possibly because the Petitioners felt that if the impugned provisions of the Income Tax Act, 1961 ("IT Act") were struck down, then the benefit of such striking down would inure to all the bank officers and not just the bank officers whom the Petitioners expressly represent.
4. Though the reliefs in some of these Petitions are somewhat convoluted and confused, the Petitioners mainly challenge Explanations 1 and 4 below Section 17(2) of the IT Act by the Finance Act, 2007, which entered force with limited retrospective effect. [Explanations 1 to 3 from 1 April 2002, and expl
The amendments to Section 17(2) of the Income Tax Act, 1961, are constitutional, addressing legislative gaps without infringing on judicial authority or violating Article 14 of the Constitution.
Commercial and tax legislations tend to be highly sensitive and complex as they deal with multiple problems and are contingent.
Section 19 of the Constitution (101st Amendment) Act preserves existing laws but does not confer unrestricted authority to amend post-GST transition, resulting in the invalidation of later amendments....
(1) Challenges to tax statutes made under Article 14 of Constitution of India can be on grounds relatable to discrimination as well as grounds relatable to manifest arbitrariness.(2) Third proviso to....
Section 19 of the Constitution Amendment Act provided for a window period to the States to remove any inconsistent enactments by way of amendment or repeal or until expiration of one year from such c....
The Entry Tax Act, 2012 remains valid post-amendment by the West Bengal Finance Act, 2017, and the compensatory tax theory is incompatible with the constitutional framework.
The court affirmed that amendments to the Income Tax Act permit TDS deposit extensions up to the return filing date, emphasizing adherence to legislative intent in tax compliance cases.
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