Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
The retrospective effect of the Notification dated 26.12.2013, issued subsequent to the import date, was examined. The amendment inserted the phrase "113 Kameng Hydro Electrical Power Project, Arunachal Pradesh- 600 MW (North Eastern Electric Power Corporation Ltd.) (NEEPCO)." The appellant's power project, duly approved by the Ministry of Power, was eligible for duty exemption under the Notification dated 17.03.2012. Since the Notification dated 26.12.2013 was curative, incorporating the specific NEEPCO power project for duty exemption, and its effective date was not specified, it should be considered retrospective. The Supreme Court clarified that clarificatory notifications are retrospective, making explicit what was implicit. When the Government rectifies inadvertent errors through notifications, they are treated as corrective/clarificatory with retrospective effect. Consequently, the appellant should be granted the benefit under the Notification dated 26.12.2013, and their application for re-assessment should be considered by extending the exemption. The impugned order was set aside, and the appeal was allowed.
The retrospective effect of the Notification dated 26.12.2013, issued subsequent to the import date, was examined. The amendment inserted the phrase "113 Kameng Hydro Electrical Power Project, Arunachal Pradesh- 600 MW (North Eastern Electric Power Corporation Ltd.) (NEEPCO)." The appellant's power project, duly approved by the Ministry of Power, was eligible for duty exemption under the Notification dated 17.03.2012. Since the Notification dated 26.12.2013 was curative, incorporating the specific NEEPCO power project for duty exemption, and its effective date was not specified, it should be considered retrospective. The Supreme Court clarified that clarificatory notifications are retrospective, making explicit what was implicit. When the Government rectifies inadvertent errors through notifications, they are treated as corrective/clarificatory with retrospective effect. Consequently, the appellant should be granted the benefit under the Notification dated 26.12.2013, and their application for re-assessment should be considered by extending the exemption. The impugned order was set aside, and the appeal was allowed.
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