Minimum Public Offer Requirements set tiered issuer-based allotment minima with mandatory staged public shareholding increases and exchange enforcemen...
Disallowance under tax law for investment expenses cannot be applied mechanically; authority must record clear reasons before increasing assessee's su...
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The dominant issue was whether the Notification dated 20.01.2016 and the amendment inserting the words "other than facilities provided in intensive care unit (ICU)" in the luxury-tax charging provision were merely clarificatory/declaratory, thereby operating retrospectively. The court held that where an amendment elucidates an existing levy, it relates back to the original provision and cannot be treated as prospective. Since the pre-amendment levy covered charges for hospital rooms and allied facilities, the amendment clarified that charges collected from patients admitted in ICU were never intended to be taxed, warranting retroactive exemption for prior assessment years. Consequently, the assessment order and demand notices levying luxury tax on ICU-related charges were quashed and the petition was allowed. - HC
The dominant issue was whether the Notification dated 20.01.2016 and the amendment inserting the words "other than facilities provided in intensive care unit (ICU)" in the luxury-tax charging provision were merely clarificatory/declaratory, thereby operating retrospectively. The court held that where an amendment elucidates an existing levy, it relates back to the original provision and cannot be treated as prospective. Since the pre-amendment levy covered charges for hospital rooms and allied facilities, the amendment clarified that charges collected from patients admitted in ICU were never intended to be taxed, warranting retroactive exemption for prior assessment years. Consequently, the assessment order and demand notices levying luxury tax on ICU-related charges were quashed and the petition was allowed. - HC
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