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
make the provision workable, therefore though the
amendment has been made by the Finance Act, 2012 the amendment
has been given effect prospectively but since ... unintended consequences by subsequent amendment, it has to be
treated as retrospective and not with stating the fact that the
amendment has been given effect
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
That the amendment made under the said section 56(2)(x)(b)
is beneficial to the assessee hence the said amendment is
curative in nature ... 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
prescribing such disallowance to be restricted to 30%
only. This amendment is being curative in nature, therefore, effect of
this amendment would be applied retrospectively ... 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
another alternative, learned counsel for the appellant has
referred to the amendment made to Section 40(a)(ia) of the Act by the Finance ... expenditure and has submitted that the said amendment, being curative in
nature and having been introduced to ameliorate the hardships faced by the
assessees, deserves
with the provisions of the
Amendment Act, 2016 from the stage they were
before the commencement of the Amendment Act.
v) As regards the intention ... nature. In order to understand as to whether the
present amendment is a curative legislation, the
observations of Hon'ble Supreme Court
such tax has been
paid.
6. The issue whether the aforesaid amendment
being curative in nature has retrospective operation was
considered by the Supreme Court ... whole.
Thus, it was held that amendment made by Finance Act,
2010 in Section 40(a)(ia) being curative in nature is
required
intention of the legislature. Hence, the
amendment made by the Finance Act, 2010
being curative in nature required to be given
retrospective operation ... developments with regard to the
Section recorded above shows that the
amendment was curative in nature, it should
be given retrospective operation
