TMI Blog1998 (12) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... lding owned by the assessee is entitled to exemption from wealth-tax under section 40(3)(vi) of the Finance Act, 1983, as it stood during the relevant period, namely, the years 1984-85, 1985-86, 1986-87, despite the fact that cinema house was not mentioned in that provision and it came to be included therein only after the Finance Act, 1988, was passed and that amendment was given effect to from A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the language of the amendment warrant such a view. When a thing which was specifically excluded is subsequently included, such inclusion cannot be regarded as indicative of an intention on the part of the Legislature to have treated what is now included as having been included at all times. One possible way of testing as to whether an amendment is merely declaratory or is substantive and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said Act is to be regarded as only curative and declaratory. Having perused that judgment, with great respect to the learned judges who decided that case, we are unable to agree with that view. The memorandum explaining the provisions of the amending Act does not support the view that Parliament intended this amendment to be declaratory. If, as already observed, without the aid of the amend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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