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2015 (1) TMI 1274 - HC - VAT and Sales TaxWhether amendment made by notification dated May 5, 1997 is applicable from the said date itself or it would operate retrospectively from the date of the issuance of the notification amended, i.e., Notification 781 dated May 31, 1995 - Manufacture and sale of electronic goods - Petitioner-revisionist was granted eligibility of certificate for exemption for a period of 10 years - Held that:- It is settled position in law that the taxing statute is generally prospective in nature and if it has to be made retrospectively it has to be specifically provided. There is nothing on record to suggest that the amendment by substitution has been given retrospective step rather the notification dated May 5, 1997 in specific and unequivocally terms recites that the amendment which is being made in the notification dated March 31, 1995 shall come into effect from the date of publication of the notification in the gazette. The said notification in the gazette was admittedly published on May 5, 1997. Therefore, when the notification itself provides for the date of applicability of the aforesaid notification no retrospectivity to it can be attributed so as to apply it from the effective date of Notification No. 781 dated March 31, 1995. Therefore, the Tribunal as such is not justified in holding that the amendment would be operative from April 1, 1995. Even if it is assumed that there was some mistake in the notification dated March 31, 1995, the said mistake cannot be taken note of. The mistake if any as suggested by the Tribunal was corrected by the notification dated May 5, 1997 and the said mistake would stand rectified from the date of publication of the subsequent notification and would not relate back to the notification dated March 31, 1995. - Decided in favour of assessee
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