Retrospective operation Archives

‘CBEC circular on 1% duty drawback not prospective’; SC clarifies retrospective entitlement under All Industry Rate Scheme

Being explanatory in nature, the Circular in question cannot be construed as an adoption of a fresh fiscal regime for rebate of customs duty, intended to affect vested rights or impose new burdens upon the Department. It was passed to resolve the ambiguity qua the meaning & threshold of the previous Notifications.

Case Briefs Supreme Court

Pension is not a bounty; Lack of financial resources no excuse for taking away vested rights by way of retrospective amendments: SC

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that an amendment having retrospective operation which has

Case Briefs High Courts

Financial burden is not a reason sufficient to invalidate the retrospective operation of Payment of Gratuity (Amendment) Act, 2009

Karnataka High Court: While passing the order in a writ petition under Articles 226 and 227 of the Constitution challenging the retrospective