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2009 (10) TMI 516 - SC - VAT and Sales TaxWhether sub-section (2B) of section 9 of the Central Sales Tax Act, 1956, inserted on May 12, 2000 by the Finance Act of 2000 is retrospective? Whether section 120 of the Finance Act, 2000 which was a validating Act was invalid inasmuch as it purports to validate a provision which had never existed in the statute book? Held that:- Appeal dismissed. clause (d) of sub-section (2) of section 120 which, inter alia, states that any proceeding, act or thing which could have been validly taken but not taken may, after commencement, be taken, continued or done. Clause (d), gives a complete answer to the contention advanced by the assessee on retrospectivity. Section 120 of the Finance Act, 2000 makes sub-section (2B) effective right from the very first date of commencement of the 1956 Act, i.e., January 5, 1957. In conclusion, that in none of these cases, the assessee has challenged the constitutional validity of sub-section (2B) inserted vide Finance Act, 2000 with retrospective effect. In the circumstances, we are not required to express any opinion on the constitutional validity of the said sub-section particularly, in the context of retrospectivity.
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