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2015 (8) TMI 232 - KARNATAKA HIGH COURTRetrospectivity of the amendment to Section 40(a)(ia) by the Finance Act, 2010 given effect from 01.04.2010 - Held that:- This question came up for consideration before the Gujarat High Court in the case of Commissioner of Income Tax, Ahmedabad IV Vs. Om Prakash R Chaudhary [2015 (2) TMI 150 - GUJARAT HIGH COURT] after referring to the judgments of Allied Motors (P.) Ltd. Vs. CIT [1997 (3) TMI 9 - SUPREME Court] and CIT Vs. Alom Extrusions Limited [2009 (11) TMI 27 - SUPREME COURT ] in giving retrospective operation to the said amendment notwithstanding that the parliament has expressly stated that it comes into effect from 01.04.2010. The said amendment is curative in nature. The tribunal committed an error in holding it as prospective. The substantial questions of law is answered in favour of the assessee and against the revenue.
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