Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
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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