Retrospective operation Archives

Applicability of Section 122(1A) CGST Act

Gauhati HC disagrees with Bombay HC on Section 122(1-A), CGST Act; Holds partners liable to penalty for GST-Evasive transactions, including pre-2021 period

The legislative intent behind Section 122(1-A) of the Act of 2017 is solely to identify the person at whose instance the violations took place and if the person had retained the benefits, the person would be liable to a penalty as mentioned therein.

Case Briefs High Courts

Bombay High Court Grants Interim Relief to Anil Ambani in Black Money Case; CIT(A) Appeal to Continue but No Prosecution or Penalty Till Writ Petition Disposal

Observing that certain provisions of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 were challenged for being ultra vires, the Court granted interim relief by restricting the Commissioner of Income Tax (Appeals) from passing any coercive order against Anil Ambani.

Case Briefs Supreme Court

‘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