nThe retrospectivity and prospectivity of the statute has been considered by Hon'ble Supreme Court in number of recent judgments, vide., (2008) 1 SCC 188 (Jaswant Talkies. Vs. Commercial Taxes Officer, Bhilwara); JT 2009 (9) SC 306 (High Court of Delhi Vs. A.K. Mahajan and others); JT 2009 (9) SC 386 (M/s Shakti Tube Ltd. Vs. State of Bihar); 2910 (2) SCC 422 (Union of India and another. Vs. Kartick Chandra Mondal and another), held that in case, statute expressly itself not made it operative retrospectively, it shall operate prospectively.
Saturday 17 March 2012
Vodafone Case
-Hutch Group formed and invested in India in HEL (Hutchison Essar Ltd.) in 1992 and thus invested in telecomm sector in India.
-On 12-01-1998, Hutch Group Co. HTIL (Hutchison Telecommunication International Ltd.) formed CGP -Investments Ltd. In Cayman Islands and acquired 100% shares in CGP Investments Ltd.
-HTIL was also incorporated in Cayman Islands.
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