dated
7.12.1985, 11.4.1987, 18.1.1989, 30.4.1989, 27.7.1991 etc.
On 12.11.1986 MOFA was amended retrospectively. Under that
amendment Section 7A was inserted excluding 'additional structures ... Kalpita Enclave case (supra) by
enacting the Amending Act No. 36/86 retrospectively. According to the
learned counsel, the said Amending Act deleted the said
matter of taxation
directing it not to amend the law retrospectively. Such a direction is
unsustainable, particularly in a taxing statute. It is always open ... State
Legislature, particularly in tax matters, to enact validation laws which apply
retrospectively. The High Court cannot take away the power of the State
Legislature
matter of taxation
directing it not to amend the law retrospectively. Such a direction is
unsustainable, particularly in a taxing statute. It is always open ... State
Legislature, particularly in tax matters, to enact validation laws which apply
retrospectively. The High Court cannot take away the power of the State
Legislature
Cotspun Ltd. case. Further, the power
to amend the law retrospectively has been recognized judicially in
a number of pronouncements [for example, Prithvi Cotton Mills ... time, make such a
valid law and make it retrospectively so as to bind even past
transactions." Therefore, where notices have already been issued
civil appeal is: whether Explanation IV of the 1957 Act
would operate retrospectively, particularly, since in the present case the
notice given to the Bank ... consider whether the said Amending Act .
No.27 of 1996 applied retrospectively to the auction sale held on 19.8.87.
10. The nature of Explanation
However, the law was amended by Tax Laws (Amendment) Act, 1996, retrospectively, w.e.f. 1st April, 1989, by which the expression "not less ... 26th June, 1996, on the ground that with the change in law retrospectively from 1st April, 1989, the judgment dt, 26th June, 1996, needed rectification
amended by Maharashtra Amending Act 18 of 1987 would apply retrospectively to those Leave and Licence Agreements entered into prior to October 1, 1987 when
