A proposed retrospective amendment would replace the phrase "plant or machinery" with "plant and machinery" in the provision denying input tax credit for goods or services used in construction of immovable property and inserts an Explanation deeming that construction to have applied from the Act's commencement, notwithstanding any contrary judicial decision. The author argues there was no actual ambiguity, that statutory terms lack definitions so ordinary and judicial meanings have governed, and that the amendment would negate prior judicial interpretations and risk denying previously availed input tax credit, undermining legal certainty. (AI Summary)
TaxTMI