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“clarificatory amendment”

MiscellaneousGeneralGeneral328 judgments

The decision most relied on for clarificatory amendment is Allied Motors (P) Ltd. v. CIT (224 ITR 677), cited in 398 judgments on BharatTax.

Leading authorities on clarificatory amendment

Allied Motors (P) Ltd. v. CIT
224 ITR 677 · 1997 · Supreme Court
398
citing judgments

Amendments to the Income-tax Act that are curative, clarificatory, or beneficial in nature apply retrospectively from the date the original statutory provision was introduced, even if not explicitly stated.

DIT v. New Skies Satellite BV
382 ITR 114 · 2016 · High Court
325
citing judgments

An amendment to the Income Tax Act, such as the Finance Act, 2012 amendment to Section 9(1)(vi) defining royalty, does not automatically override or alter the definition of 'royalty' as provided in a Double Taxation Avoidance Agreement (DTAA) unless the DTAA itself is bilaterally amended. The definition of royalty in a DTAA remains unaffected by unilateral changes to domestic law.

M.M.Aqua Technologies Limited v. CIT
436 ITR 582 · 2021 · Supreme Court
308
citing judgments

Amendments to tax law that impose new obligations or change existing legal positions apply prospectively, even if stated to be "for the removal of doubts." The judgment also clarifies that deductions under Section 43B are allowed only on actual payment, overriding the mercantile system of accounting.

CIT v. Vatika Township (P.) Ltd.
49 Taxmann.com 249 · 2014 · Supreme Court
294
citing judgments

Legislation is ordinarily presumed not to have retrospective operation, especially for taxing statutes unless explicitly stated or when intended to remove hardship for the assessee. The decision clarifies the principles for determining whether an amendment to a taxing statute applies prospectively or retrospectively, distinguishing between clarificatory and substantive amendments.

Sedco Forex International Drill. Inc. v. CIT
12 SCC 717 · 2005 · Supreme Court
285
citing judgments

A cardinal principle of tax law is that the law in force for the relevant assessment year applies unless expressly or necessarily provided otherwise. A retrospective tax provision stated to be 'for the removal of doubts' is not presumed retrospective if it alters or changes the law as it earlier stood.

Shyam Sunder v. Ram Kumar
8 SCC 24 · 2001 · Supreme Court
263
citing judgments

A statutory explanation that is clarificatory in nature applies retrospectively from the date the main provision came into force. However, if an explanation changes the law, it is not presumed to be retrospective, even if phrases like 'it is declared' or 'for the removal of doubts' are used.

Allied Motors (supra); CIT v. Podar Cement Pvt Ltd.
226 ITR 625 · 1997 · Supreme Court
244
citing judgments

Amendments to tax laws that are explanatory, declaratory, curative, or clarificatory in nature are judicially construed as retrospective, especially if they are intended to remedy unintended consequences.

CIT v. Gold Coin Health Food Pvt. Ltd.
304 ITR 308 · 2008 · Supreme Court
229
citing judgments

A clarificatory or declaratory amendment to a statutory provision has retrospective effect from the date the original provision came into force, as its purpose is to clarify existing law rather than introduce new law.

Judgments citing clarificatory amendment

Sunrise Facilitators Private Limited, Chandigarh vs. Dy. Commissioner of Income Tax, Panchkula

ITA 689/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh18 Aug 2025AY 2019-20

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.689/Chandi/2023 (िनधा"रण वष" / Assessment Year: 2019-20) M/S Sunrise Facilitators Pvt. Ltd. Dcit Circle बनाम/ Vs. 2238/5B, Shanti Nagar Aaykar Bhawan, Manimajra, Chandigarh. Sector 2, Panchkula "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaics-0850-M (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Priyanka Dhar (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 06-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 18-08-2025. आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 18-08-2022 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 15-09-2020 Disallowing Late Payment Of Employees’ Contribution To Pf / Esi For Rs.161.54 Lacs U/S 36(1)(Va) R.W.S. 2(24)(X) As Reported By Tax Auditor In Tax Audit Report. The Ld. Cit(A)

For Appellant: Shri Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Priyanka Dhar (Addl. CIT) – Ld. Sr. DR
Section 143(1)Section 2(24)(x)Section 36(1)(iv)Section 36(1)(va)Section 43B

r.w.s. 2(24)(x) as reported by Tax Auditor in Tax Audit Report. The Ld. CIT(A) confirmed the same in terms of clarificatory amendment made by Finance Act, 2021 to these provisions. Aggrieved, the assessee is in further appeal before us. 2. It is undisputed fact that the impugned