Vatika Township - Retrospective amendments
Facts
Retrospective application of the surcharge amendment under Section 113 of IT Act 1961.
Issue
Is the amendment substantive or clarificatory?
Held
Where an amendment creates a new burden, it must be presumed prospective unless legislature uses unambiguous retrospective language.
Ratio
Tax statutes affecting substantive rights are presumed prospective; retrospective effect requires explicit legislative intent.
Use via API
Free, public REST. Fetch this judgment programmatically.
curl https://api.thynktax.com/v1/tax-law/case-laws?q=Vatika%20Township%20-%20Retrospective%20amendments