SRS MINING Vs. UNION OF INDIA

JUDGEMENT

(1.) A batch of four writ petitions has been filed by the petitioner to challenge the constitutional validity of Sec. 292CC inserted by the Finance Act, 2012 alleging it to be violative of Articles 14, 19 and 21 of the Constitution of India and to pass consequential order in favour of the petitioner.

(2.) A further challenge has been made to declare the Explanation added under Sec. 132(1) of the Income Tax Act, 1961 by the Finance Act, 2017 with retrospective effect from 1/4/1962; the Explanation added under Sec. 132(1A) of the Act of 1961 and under Sec. 132A of the Act of 1961 with retrospective effect from 1/10/1975 to be illegal and arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India.

(3.) A challenge is also made to the assessment orders dtd. 30/9/2021 passed by the fourth respondent for the assessment years 2014-2015, 2015-2016, 2016-2017 and 2017-2018 under Sec. 153A of the Act of 1961.