2006 (2) TMI 76 - SCH - Income Tax

Question is that, For the amendment of a statute to be construed as being retrospective, should not the amended provision itself indicate, either in terms or by necessary implication, that it is to operate retrospectively - issue has been conclusively determined by this court consistently in the affirmative over a period of years. There is no conflict which requires resolution by way of a reference. Accordingly, the matters are remanded back to the Division Bench for disposal on the merits.

Summary

The Supreme Court remanded a question to the Constitution Bench regarding the retrospective operation of an amended statute. The court confirmed that the issue has been consistently determined in the affirmative and no conflict requires resolution. The matters are sent back to the Division Bench for further consideration on the merits.