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2011 (6) TMI 267 - HC - VAT and Sales TaxConstitutional validity of Section 41B of the Bombay Sales Tax Act, 1959 - whether a different mechanism for calculating the notional sales tax liability can be introduced with retrospective effect from 1st January 1980 by inserting Section 41B to the BST Act and inserting Rule 31AA to the BST Rules, so as to defeat the rights vested in the units established under the 1988 Scheme prior to the insertion of Rule 31AA ? - Held that:- giving retrospective effect to Rule 31AA prejudicially affects the interests of the units established under the 1988 Scheme and, therefore, Rule 31AA to the extent it seeks to apply retrospectively so as to divest the vested rights of the units covered under the 1988 Scheme must be held to be bad in law. - Decided in favor of the assessee
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