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
period from June
1, 2002 was liable to be deleted.
An amendment made to a taxing statute can be
said to be intended to remove ... referred to in clause (viib) of subsection
(2) of 56.
The amendment made in 2(24) is also applicable
accepting the contention of assessee that in
view of the amendment made in this section w.e.f 01.04.2015
which is to remove unintended hardship ... submitted that from the above, it can be noted that the
amendment made
Relevant PB 72
4 Madras NLC Indcoserve v. ITO Index-I, Amendment made
Bench {2022 (6) TMI 936 dated by Finance ... referred
Relevant PB 97
5 Raipur Gramin Seva Sahakari Index-I, Amendment made
Bench Samiti Maryadit v. ITO by Finance
interest u/s
40(a)(ia) ignoring that in view of amendment made in this section
w.e.f. 01.04.2015 which is to remove unintended ... Religare Finvest Ltd. without deduction of tax at source
considering the amendment made by Finance Act, 2012 w.e.f.
01.04.2013 which has a retrospective
decision
connected with the Hon'ble High Courts and the amendment made in the Finance
5
ITA No.50/JP/2022
M/s. Dolcas ... contended that the amendment being curative in nature should apply
retrospectively.
4.4. Since the CIT(A)/NFAC has quoted the amendment made in Finance
fastened upon the assesee on the basis of
subsequent amendment made in statute, therefore, consequent
disallowance deserves to be deleted.''
3.1 Thus ... contended that the
amendment being curative in nature should apply retrospectively.
3.4. Since the CIT(A)/NFAC has quoted the amendment made in Finance
Section as a whole.
28. The purpose of the amendment made by the Finance Act,
2010 is to solve the anomalies that the insertion ... substantial, can suffer severe adverse
consequences if the amendment made in 2010 is not given
retrospective operation i.e., from the date of substitution
made
applicable to block assessments is made clarificatory and would take
effect retrospectively from 1st day of July, 1995. When it comes to
amendment ... amendment neither purports to be merely clarificatory nor is there any
material to suggest that it was intended by Parliament. Furthermore, an
amendment made
That the ld. CIT(A) has further erred in ignoring
the amendment made w.e.f. A.Y. 2002-03 that the
unabsorbed depreciation available ... That the ld. CIT(A) has further erred in ignoring
the amendment made w.e.f. A.Y. 2002-03 that the
unabsorbed depreciation available
