| COURT: | Madhya Pradesh High Court |
| CORAM: | Alok Verma J, S. C. Sharma J |
| SECTION(S): | 254(2) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | limitation period, rectification of mistake, vested right |
| COUNSEL: | Ashish Goyal |
| DATE: | October 9, 2017 (Date of pronouncement) |
| DATE: | October 14, 2017 (Date of publication) |
| AY: | 2010-11 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 254(2) Limitation period: The amendment to s. 254(2) w.e.f. 01.06.2016 to curtail the period available to file rectification applications from four years to six months cannot apply to appellate orders passed prior to that date because that would take away a vested right | |
The reason for the said principle is not far to seek. Though periods of limitation, being procedural law, are to be applied retrospectively, yet if a shorter period of limitation is provided by a later amendment to a statute, such period would render the vested right of action contained in the statute nugatory as such right of action would now become time barred under the amended provision
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