M/S. Mckinsey Knowledge Centre … vs Pr. Commissioner Of Income Tax, … on 9 August, 2018

36. It is very important to bear in mind the fact that right now
we are dealing with amendment of a transfer pricing related
provision which is in the nature of a SAAR (specific anti abuse
rule), and that every anti abuse legislation, whether SAAR
(specific anti abuse rule) or GAAR (general anti abuse rule), is
a legislation seeking the taxpayers to organize their affairs in a
manner compliant with the norms set out in such anti abuse
legislation. An anti-abuse legislation does not trigger the levy
of taxes; it only tells you what behaviour is acceptable or what
IS not acceptable. What triggers levy of taxes IS noncompliance
with the manner in which the anti-abuse regulations require the
taxpayers to conduct their affairs. In that sense, all anti abuse
legislations seek a certain degree of compliance with the norms
set out therein. It is, therefore, only elementary that
amendments in the anti-abuse legislations can only be
prospective. It does not make sense that someone tells you
today as to how you should have behaved yesterday, and then
goes on to levy a tax because you did not behave in that manner
yesterday.

Source: Indian Kanoon

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