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2016 (7) TMI 857 - HC - VAT and Sales TaxConstitutional validity of Sections 41B of the Maharashtra Sales Tax Act, 1959 - whether a different mechanism for calculating the Notional Sales Tax Liability can be introduced with retrospective effect from 01.01.1980 by inserting Section 41B to the Act and Rule 31AA to the Rules, so as to defeat the rights vested in the units established under the 1983 Scheme prior to the insertion of Rule 31AA. Held that:- it has to be held that it is Rule 31AA, though not Section 41B, which is repugnant to the industrial policy as declared by the State in 1983 Scheme. Accordingly it is held that, Rule 31AA introduced with effect from March 24, 1995 to the extent it is repugnant to the said industrial policy and to the extent it seeks to apply to the units established under 1983 Scheme retrospectively, to the extent that it provides that the calculation of CQB under the 1983 Scheme has to be made by ignoring the exemption provisions contained under the sales tax law, is illegal and contrary to law. - Decided in favor of assessee.
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