TMI Blog2022 (7) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... to reverse the petitioner's claim for Input Tax Credit (ITC) in terms of Section 19(2)(v) of the Tamil Nadu Value Added Tax Act, 2006 and has not taken note of the decision of the Division Bench of this Court in the case of THE STATE OF TAMIL NADU REPRESENTED BY ITS SECRETARY COMMERCIAL TAXES DEPARTMENT, THE DEPUTY COMMISSIONER (CT) (FAC) VERSUS M/S. EVEREST INDUSTRIES LIMITED [ 2022 (4) TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepts notice for the respondent and fairly concurs with the petitioner that the issue that arises for consideration in this Writ Petition challenging the impugned order of assessment dated 19.04.2022 has to be answered in favour of the petitioner. 2. The assessment proceeds to reverse the petitioner's claim for Input Tax Credit (ITC) in terms of Section 19(2)(v) of the Tamil Nadu Value A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The actual intention of the legislature is to be derived only by interpretation of the provision to find out its actual applicability and decide whether it is curative or substantative. As already seen, the original provision along with the proviso was omitted and a new provision was substituted. The word retrospective would mean to look back or to go back in time . A curative provision is h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brought about in the year 2015 is held to be curative in nature. Though we disagree with the reasoning of the learned Judge as to the interpretation placed on the scope of amendment to Section 19(2) vide Act 28 of 2013, in the light of the finding that Amendment Act 5 of 2015 is curative / declaratory in nature and would thus relate back to 11.11.2013, resultantly, the position insofar as the rig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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