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Supreme Court of India

Commissioner of Income Tax 5 Mumbai v. M/s. Essar Teleholdings Ltd. through its Manager

Neutral citation
Reported as [2018] 1 S.C.R. 502
Bench A. K. Sikri and Ashok Bhushan JJ.
Decided 31 January 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the considered opinion that Rule 8D was intended to operate prospectively.

Judgment, page 30

From the headnote

Income Tax Rules, 1962 – r.8D – Said rule providing for machinery to give effect to charging section, i.e. s.14A, Sub-sections (2) and (3) of Income Tax Act, 1961 – Nature of ope ration – Prospective or Retrospective – Plea of appellant-re venue that charging section i.e. s.14A being retrospective, th e machinery provision,i.e. r.8D has also to be retrospective – Held: Provisions of s.14A, inserted by Finance Act, 2001, were fully workab le without there being any mechanism provided for computing the expe nditure incurred in relation to income which does not form part of the total income –

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