instant case. According to him, the second proviso is curative in nature intended to
supply an obvious omission, take care of an unintended consequence ... inserted by the Finance Act, 2010 , which has been held to
be curative and therefore, retrospective in its operation by the Hon'ble Calcutta
view of the well settled legal position to the effect that a
curative amendment to avoid unintended consequences is to be treated as
retrospective ... view of the well settled legal position to the effect that a
curative amendment to avoid unintended consequences is to be treated as
retrospective
called for in this respect. According to him, the
amendment is clarificatory/curative in nature and is to be
applied retrospectively.
5. Per contra ... this increase in tolerance limit is to be
treate d as clarificatory/curative in nature having
retrospective application or otherwise. Admittedly,
quantification of the difference
Finance Act, 2002 , is to apply prospectively or is
clarificatory and curative in nature. The Hon'ble Court has held as
under ... said proviso to Section 113 , viz., whether it is clarificatory and curative in
nature and, therefore, can be applied retrospectively or it is to take
view of the well settled legal position to the effect that a curative
amendment to avoid unintended consequences is to be treated in nature even ... insertion of second proviso to Section 40(a)(ia) is declaratory and curative
in nature and it has retrospective effect from 1st April, 2005, being
real intention behind introduction of this amendment, in our opinion, is
curative in nature. In our considered opinion, the amendment, if not held retrospective,
would ... would create genuine hardship to the assessee if not held to
be curative in nature. Hence we hold that the said amendment should be given
real intention behind introduction of this amendment, in our opinion, is
curative in nature. In our considered opinion, the amendment, if not held retrospective,
would ... would create genuine hardship to the assesese if not held to
be curative in nature. Hence we hold that the said amendment should be given
section 40(a)(ia) w.e.f. 01.04.2010, is
not remedial and curative in nature.
5. Prior to the decision of the Special Bench, identical ... said amendments,
in our opinion, thus are clearly remedial/curative in nature as held by
the Hon'ble Supreme Court in the case
view of the well settled legal position to the effect that a
curative amendment to avoid unintended consequences is to be treated as
retrospective ... view of the well settled legal position to the effect
that a curative amendment to avoid unintended consequences is to be treated as
retrospective
been brought by the Finance Act, 2012 which is curative in nature. Therefore,
it should be effective from the retrospective date. In this connection ... before Hon'ble Calcutta
High Court that the second proviso was curative or retrospective in operation.
On the other hand, submission was that
