JAINTIA ALLOYS P. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the writ petitions having raised common questions of law were heard together and are being disposed of by this common order.

(2.) WE have heard Dr. A. K. Saraf, learned senior counsel for the petitioners in both the cases and Shri U. Bhuyan, learned standing counsel, Income -tax Department.

(3.) A reading of the writ petitions would indicate that the challenge therein has been structured on the basis that the units of the petitioners had been set up pursuant to what the petitioners comprehend to be a promise contained in Section 80IB of the Act. There are clear and categorical averments made in the writ petitions that had it not been for the aforesaid promise of tax exemption conferred by Section 80IB made with a view to foster industrial growth in the North -Eastern region, the petitioners would not have set up their industrial units. As the promise contained in Section 80IB has been sought to be breached by the introduction of Section 115JB of the Act, the petitioners contend that the aforesaid provision of the Act in so far as the units covered by Section 80IB is concerned, would be unconstitutional and the actions taken on that basis including the impugned notices issued under Section 154 of the Act would be void and inoperative in law.