effect from 1st
April 2017, however, as the same was a curative amendment that was
made available on the statute to remove an incongruity resulting ... 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
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 April 1, 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 ... said
amendment notwithstanding that the parliament has expressly stated
that it comes into effect from 01.04.2010. The said amendment is
curative in nature. The tribunal
been restricted to 30% and this amendment is curative
one having retrospective effect. Therefore, the actual addition (100%
4
ITA No.296/CTK/2018
disallowance ... held the amendment to be clarificatory and, therefore,
retrospective. The Gujarat High Court in the above case held the
amendment to be curative and explanatory
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
been held:-
"25) The controversy surrounding the above amendment
was whether the amendment being curative in nature should
be applied retrospectively i.e., from ... 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
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 ... 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
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
record be noticed. Learned counsel
further submits that the amendment is curative amendment and
it should be given a retroactive effect. Learned counsel further
submits
