time period only. There is no good reason for holding the curative amendment to be only as
prospective in effect. Dealing with a somewhat materially ... 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
time
period only. There is no good reason for holding the curative
amendment to be only as prospective in effect. Dealing with a
somewhat materially ... 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
claimed said amendment is applicable to
the assessment year 2008-09;
11.4. The aforesaid amendment is not a curative
amendment or clarificatory amendment.
11.5. That ... there was one more amendment
which had taken place in the year 2014,
therefore amendment to the amendment
which happened in the year 2014 cannot
Income Tax Officer, Ward-1-5, Jaipur vs Shri Banwari Lal Sharma, Jaipur on 14
curative amendment to avoid unintended consequences is to be treated as
retrospective in nature. Hence, the insertion of third proviso to section 50C
must ... view of well settled legal
position to the effect that a curative amendment to avoid unintended
consequence is to be treated as retrospective in nature
made which is only curative in nature.
I) It is well settled legal position to the effect that a curative amendment in
law to avoid ... 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
provision. In our humble understanding, it is a case of a curative
amendment to take care of unintended consequences of the scheme of Section ... earlier periods as well. We are, therefore, satisfied that
the amendment in the scheme of Section 50 C(1), by inserting the third proviso
thereto
such an interpretation
could not be given is established by the curative amendment
carried out in the year 2018 wherein it is clarified that ... present matter relating to the year 2007-2008, the
said curative or clarificatory amendment would not come to the
ITA Nos.1163 & 1175/Bang
subsequent years.”
25) The controversy surrounding the above amendment was
whether the amendment being curative in nature should be
applied retrospectively i.e., from ... developments with regard to the Section recorded above shows
that the amendment was curative in nature, it should be given
retrospective operation
finding that the
amendment of the year 2010 was intended to remedy this position, held that the
said amendment, being curative in nature, is required ... ACIT-23(2)
25. The controversy surrounding the above amendment was whether the
amendment being curative in nature should be applied retrospectively, i.e.,
from
