Revising Belated Return because of Retrospective Change in Law

CA Achin Bhati (Credit and Financial Analyst)   (26 Points)

15 November 2007  

Belated Salary return for AY 2007-08 was filed  in which Company Accomodation Perquisite was valued  20% of Salary.

In July 2007 a notification had been issued with retrospective effect from April 2006 which provides Valuation of Company Accomodation Perquisite at 15% of Salary , thus entitling him to a refund on the differential amount of perquisite which can be claimed by revising a return.

But a belated return cannot be revised in view of Hon'ble Supreme Court Judgement in Kumar Jagdish Chadra Sinha Case. How can the benefit of perquisite be availed.

It would be great if any subsequent Case Laws are there after the judgement of Hon'ble Supreme Court