Determining when legislative changes apply retrospectively: Analysis

By | May 25, 2018
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(Last Updated On: May 25, 2018)

Determining when legislative changes apply retrospectively

Case Law : Calcutta Export Company (Civil Appeal No 4339-4340 of 2018)

The Supreme Court of India held that when the amount of withheld tax is remitted to the government after the end of the financial year but before the due date for filing the tax return, a legislative amendment that there is no disallowance of a deduction when the tax withheld is deposited with the government before the due date of the return filing applies retroactively (from the effective date of the affected section of the tax law). The case is: Calcutta Export Company. Read a May 2018 report [PDF 441 KB] of KPMG

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