Oru Mix Asphalt Pvt Ltd vs Commissioner of Inland Revenue – CA/WRIT/820/2024-2025

In the case between Oru Mix Asphalt Pvt Ltd and Commissioner General of Inland Revenue, the court addressed whether tax recovery proceedings, initiated under the repealed Inland Revenue Act No. 10 of 2006, were lawful in light of the later enactment of Act No. 24 of 2017. It was held that such recovery actions remained valid for tax periods falling before the commencement of the new Act, pursuant to the transitional provisions. The principle reaffirmed is that statutory transitions do not invalidate pending or ongoing actions instituted under repealed legislation when explicitly preserved by transitional clauses. This decision relied on the construction of the relevant statutory framework and established that non-disclosure of material facts, failure to object in a timely manner, and undue

REF: CA/WRIT/820/2024-2025 Category: Tag:
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