- (1.) THE following question was referred to the Constitution Bench for reconsideration of the decisions of this Court in the cases of CIT vs. Podar Cement (P) Ltd. (1997) 141 CTR (SC) 67 : (1997) 5 SCC 482, Allied Motors (P) Ltd. vs. CIT (1997) 139 CTR (SC) 364 : (1997) 224 ITR 677 (SC), Suwalal Anandilal Jain vs. CIT (1997) 140 CTR (SC) 278 : (1997) 224 ITR 753 (SC) and the judgment of a Bench of two learned Judges in Brij Mohan Das Laxman Das vs. CIT (1997) 138 CTR (SC) 214 : (1997) 223 ITR 825 (SC) : "For the amendment of a statute to be construed as being retrospective, should not the amended provision itself indicate, either in terms or by necessary implication, that it is to operate retrospectively -
(2.) IT is conceded by the learned Addl. Solicitor General, who appears in support of the reference, that the issue has been conclusively determined by this Court consistently in the affirmative over a period of years. There is no conflict which requires resolution by way of a reference. Accordingly, the matters are remanded back to the Division Bench for disposal on the merits.;