VidhiSangh

Supreme Court of India · 25/07/2019

PRASHANTI MEDICAL SERVICES & RESEARCH FOUNDATION versus UNION OF INDIA & ORS.

[2019] 9 S.C.R. 828 · 2019 INSC 813

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Summary

The statutory withdrawal of section 35AC deductions from assessment year 2018–19 applied to donations for the third year of an already-approved hospital project. The amendment was prospective and did not disturb deductions for the preceding two years. Earlier project approval created no vested right to continued tax concessions and could not support promissory estoppel against legislation. Reduced donations and charitable hardship did not justify invalidation or an Article 142 exception.

Issues

  1. Whether the earlier three-year project approval preserved donor deductions after section 35AC(7) took effect.
  2. Whether hardship or promissory estoppel justified an exception.

Provisions considered

Held

Result

Appeal dismissed; rejection of the challenge to section 35AC(7) and denial of the claimed exception upheld.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 828.