engaged only in the
distribution of electricity. He referred to the amendment made in Section
32(1)(iia) by the Finance Act, 2012 whereby ... depreciation subsequently with effect from 1st April
2017 as per the amendment made again by the Finance Act, 2016 in the
provision of Section
premises however did not hold good any longer in view of
amendment made in section 9 by the Finance ... Bench in the case of the
present assessee was that the amendment made by the Finance Act,
2010 with retrospective effect from
reference made u/s 55A
to the DVO on the plea that the reference made was invalid as amendment
in section 55A is effective from ... Assessing officer after the amendment with
effect from 01.07.2012 and the same being curative and procedural
amendment, the amendment applies to all pending proceedings
held that in the absence of corresponding amendment in the tax treaty,
the amendment made in the Act cannot be given effect to.
30. Further ... amendment in the treaty and the
Department is seeking to put more tax liability upon the assessee
taking help of amendment made in section
held that in the absence of
corresponding amendment in the tax treaty, the amendment
made in the Act cannot be given effect to.
30. Further ... amendment in
the treaty and the Department is seeking to put more tax
liability upon the assessee taking help of amendment made in
section
time and the same
could not be taken away by the amendment made subsequently to
sec.74(1) . In support of this contention, reliance ... only up to A.Y. 2002-03 and as per the amendment made
in the provisions of sec.74(1) w.e.f. 1.4.2003 applicable
amendment
carried out by the Finance Act, 2008 . This amendment by the Finance Act, 2008
was specifically made with retrospective effect from 01.04.2005, being ... some amendment is carried out to clarify the real intent, such
amendment happens to be retrospective from the date the earlier provision was
made effective
section 139 ". The assessee also
submitted that though the amendment made effective from 01.04.2010
it is retrospectively applicable as it is curative in nature ... amendment to section 40(a)(ia) and held that -
13. The dispute in the present case revolves around the fact that whether
the amendment made
said decision ,
Hon'ble Supreme Court held that amendment made by Finance Act, 2010 wherein
rigors of Section 40(a)(ia) was further relaxed ... matrix of the case.
Point(s) for consideration:--
5. Whether the amendment made by the Finance Act, 2010 in Section
submitted
that the reliance placed by ld.CIT (A) to the amendment made to Section
132B by 132B by Finance Act 2013 is misplaced ... been made by
insertion of Explanation and the Explanation has been made applicable
with effect from 1st June, 2013,. For ready reference, the amendment
made
