well
settled legal position to the effect that a curative amendment to avoid
unintended consequences is to be treated as retrospective in nature
even though ... 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
insecticide. In the counter, the complainant pleads
that a curative amendment has to be brought into enactment, which is no doubt
laudable, but there should
well settled legal position to the effect that a
curative amendment to avoid unintended consequences is to be
treated as retrospective in nature even though ... 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
Appellant submits that this amendment is curative in
ITA No.1988/Ahd/2012 (6 Appeals)
7
nature and therefore the same is applicable ... Appellant submits that this amendment is curative in
nature and therefore the same is applicable for the year under
consideration and accordingly no disallowance
well settled legal position to the effect that a
curative amendment to avoid unintended consequences is to be
treated as retrospective in nature even though ... 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
well settled legal position to the effect that a
curative amendment to avoid unintended consequences is to be
treated as retrospective in nature even though ... 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
insecticide. In the counter, the complainant pleads
that a curative amendment has to be brought into enactment, which is no doubt
laudable, but there should
well settled legal position to the effect that a curative
amendment to avoid unintended consequences is to be treated in nature even
though ... 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
Rusabh Diamonds, Mumbai vs Assessee on 31 March, 2016
I.T.A. Nos.2840 &
Gitanjali Exports Corpon. Ltd, Mumbai vs Assessee on 31 March, 2016
I.T.A. Nos