TEXPORT (INDIA) Vs. ASSTT. CIT

JUDGEMENT

(1.) IN these proceedings under Article 226 of the Constitution, the Petitioner has challenged the constitutional validity of the Taxation Laws (Second Amendment) Act, 2005 in respect of the insertion of clauses (iii)(d) and (iii)(e) to section 28 and the insertion of the third and fourth provisos to section 80HHC(3) of the Income Tax Act, 1961. On 3 -2 -2012, an order was passed by the Supreme Court in I.A. No. 2 in and Transfer Petition (C) No. 703 of 2011, recording that several cases on the issue were pending in various High Courts. The Supreme Court was of the view that it was appropriate if all the matters are decided by one High Court and accordingly directed that all matters which have been filed/transferred to the Supreme Court would be sent to the High Court of Gujarat. By a judgment dt. 2 -7 -2012, in Avani Exports v. CIT : (2012) 209 Taxman 59 (Guj)(Mag), a Division Bench of the Gujarat High Court disposed of the entire batch of matters and arrived at the following conclusion:

(2.) THE Petition is accordingly so disposed of. Rule is made absolute in the aforesaid terms. There shall be no order as to costs.