| COURT: | Supreme Court |
| CORAM: | D. Y. Chandrachud J, Hemant Gupta J |
| SECTION(S): | 142(2C) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | extension of time, interpretation of statutes, Retrospective amendment, retrospective operation, Special Audit |
| COUNSEL: | - |
| DATE: | March 26, 2019 (Date of pronouncement) |
| DATE: | April 9, 2019 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 142(2C) Special Audit/ Interpretation of statutes: The AO who has fixed the time in the first instance must necessarily, as an incident of the authority to fix time, be entitled to suo moto extend time without an application by the assessee. The amendment by FA 2008 was intended to remove an ambiguity and is clarificatory in nature. There exists a presumption of retrospective application in regard to amendments which are of a procedural nature | |
The issue as to whether the amendment which has been brought about by the legislature is intended to be clarificatory or to remove an ambiguity in the law must depend upon the context. The Court would have due regard to (i) the general scope and purview of the statute; (ii) the remedy sought to be applied; (iii) the former state of the law; and (iv) what power that the legislature contemplated
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