further submitted that the Finance Act, 2008 has made retrospective
amendment with effect from 01.04.2001 by inserting Explanation 2 by which income tax
shall include ... retrospective
amendment.
b. The amendment to the Section 115JB of the Act is made retrospectively
the effect of a retrospective law is to look backwards
charges by holding them
as Royalty payments without appreciating the retrospective
amendment made in Section 9(1)(vi) vide Finance Act, 2012 which
clarified ... assessing officer relied upon the retrospective amendment to
Section 9(l)(vi) of the Act, whereby definition of royalty has been
amended to include
facts and
circumstances of the case, in view of the retrospective amendment in
section 1121)(c ) (iii) the capital gain was to be taxed ... filed a
letter to the AO that in view of the retrospective amendment to section
112(1)(c)(iii) of the Act, the long-term
term 'revenue expenditure' has been removed by a retrospective
amendment to the relevant Rules by Section 149 read with 6th Schedule ... Authorized Representative for the Department did not
dispute the retrospective amendment and also the Certificate of
Chartered Accountant produced by the Appellant.
7. Heard both
erroneous
refund, in terms of the retrospective amendment of the Notification
No.33/99-CE dated 08.07.1999, brought by Section 153 of the Finance ... High Court's order upholding the constitutional validity of
retrospective amendment is to be followed and the credit availed lying
unutilized was required
Gauhati High Court, upholding the constitutional
validity of the retrospective amendment vide section 153 of the Finance
Act, 2003, is to be followed ... find that the demand in this case has arisen due to retrospective
amendment of Notification 33/99-CE dated 08/07/99through section
refund was
mature, He submits that in 2006, there was a retrospective amendment and
the issue was settled by virtue of the said amendment ... eligibility of Cenvat Credit in the above facts was
extended by retrospective amendment of Rule 16 of Central Excise Rules,
2002. Whereby, the assessee (wire
defined under the
Amendment and Validation Act of 1997.
ii. Referring to the various amendments brought about by the
Amendment and Validation ... reasoning of the Court.
iii. That the retrospective effect of forty-two years, given to the
Amendment and Validation Act of 1997 is totally unreasonable
guarantee is covered by the definition of
inter- national transaction after
retrospective amendment made by Finance
Act, 2012 . The assessee argued that the
corporate guarantee ... involve any cost of
risk to the shareholders. Further, the
retrospective amendment of section 92B
does not enlarge the scope of the term
"international
Para 14
In this regard, it is respectfully submitted that retrospective amendment made
in section 9(1)(vi) of the Act by way of insertion ... Skies Satellite BV: 382 ITR 114 (Del), held in context
with retrospective amendment in section 91Xvi) of the Act that any
amendment
