LAWS(DLH)-2008-2-145

SARAYA INDUSTRIES LTD Vs. UNION OF INDIA

Decided On February 27, 2008
SARAYA INDUSTRIES LTD Appellant
V/S
DEPUTY COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) THE grievance of the Petitioner is with regard to the constitutional validity of Section 153c read with Section 153a of the Income Tax Act, 1961 (the Act ).

(2.) ACCORDING to the Petitioner, both these provisions deserve to be declared unconstitutional and in the alternative they have to be read down suitably. It was not explained to us how and in what manner should the provisions be read down, and the only submissions made were that the provisions were constitutionally invalid.

(3.) SECTIONS 153a and 153c of the Act read as follows:-