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Sindh High Court 2020 Customs Act (IV of 1969)

2020 PTD 679

Declaratory amendment/vested rights
THE COLLECTOR OF SALES TAX AND FEDERAL EXCISE
Appellant
VS
M/S AGRO CHEMICAL (PVT.) LTD.
Respondent

Case Laws / Head Notes / Paras

Declaratory amendment---Retrospectively--- Object, purpose and scope---Every statute, prima facie, has prospective application unless it is expressly provided that same will have retrospective operation---Not necessary that a declaratory amendment is made to supply some obvious omission in previous statute or to ‘explain’ something only then subsequent declaratory amendment will have a retrospective application. 

Legislation that touches vested rights of an individual cannot be given retrospective effect---Tax/Fiscal statutes operate prospectively and not retrospectively unless clearly indicated by legislature.