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
consistently held by the various Co-ordinate Benches that it was curative
amendment that was made available on the statute to remove an incongruity
resulting ... 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
Finance
Act 2008 to be in the nature of curative amendment having
retrospective effect and thereby confirming the addition under
section
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 ... subsequent years."
25. The controversy surrounding the above amendment was whether the
amendment being curative in nature should be applied retrospectively, i.e., from
Second proviso which
has been inserted by the Finance Act 2018 is curative and therefore is to be treated as
came into force from ... confirmed wherein it was held that a curative
amendment to avoid unintended consequences is to be treated as retrospective in nature
even though
called for in this respect. According to him, the
amendment is clarificatory/curative in nature and is to be
applied retrospectively.
5. Per contra ... provision. In our humble understanding, it is a case of a curative
amendment to take care of unintended consequences of the scheme of Section
other as to whether a particular
amendment is clarificatory or curative, it is vital to bear in mind the history
of the amendment made ... does not conclusively indicate that it is not a clarificatory or curative
amendment. [See Chettian Veetil Ammad & Anr. vs. Taluk Land Board &
Signature
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
M/S Dell International Services India ... vs Additional Commissioner Of Income Tax ... on 7 August
