Question And Answer
Subject: retrospective amendent
Querist: bs
Answered by:
Tags: , ,
Date: August 7, 2023
Query asked by bs

whether RTGS payments/repayments for the years prior to amendments of 269SS/269T is allowed  as it is retrospective ?

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Answer given by

Finance Act No.2 , 2014 provided to allow other valid modes like “ use of electronic clearing system through a bank account e.ef -1-4 – 2015 extending the scope w.e.f Assessment year 2015 16 limits the purpose of the amendment . The amendment being clarificatory RTGS payments/repayments for the years prior to amendments of 269SS/269T is allowed provision of sections 269SS and 269T may not be applicable . Even otherwise if the assessee is able to show the reasonable cause and no intention to evade the tax , no penalty can be valid .Refer , CIT v. Triumph International Finance (I) Ltd. (2012) 345 ITR 270 / 74 DTR 57 / 208 Taxman 299 / 251 CTR 253 / Vol. 114(4) Bom. L.R. 2545 (Bom.)(HC)

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