TMI Blog2022 (6) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... ENT, THE DEPUTY COMMISSIONER (CT) (FAC) VERSUS M/S. EVEREST INDUSTRIES LIMITED [ 2022 (4) TMI 1204 - MADRAS HIGH COURT ] has decided the issue in favour of the assessee and it was held 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 right of the manufacturers to avail ITC is, it becomes an absolute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Petitioner : Mr.C.Baktha Siromoni For the Respondent : Mr.Richardson Wilson Additional Government Pleader ORDER Mr.Richardson Wilson, learned Additional Government Pleader appearing for the respondent fairly concurs with the petitioner that the issue that arises for consideration in this Writ Petition challenging the impugned order of assessment dated 11.12.2022 has to be an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is that the legislature decided to restore the original position with respect to Section 19 (2) (v) by omitting and substituting with a new provision to remove the mischief caused by wrongful implementation. 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration reiterating that the provision is to be read as it stood before the 2013 amendment. Upon consideration of the materials placed before us and for the reasons stated above, the amendment to Section 19(2) 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 Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
