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2016 (8) TMI 922 - HC - VAT and Sales TaxRetrospective amendment - curtailment of the sales tax incentives by way of deferral – constitutional validity - impact on completed assessment - section 41D of the Bombay Sales Tax Act, 1959 - the Maharashtra Tax Laws (Levy and Amendment) Act, 1995 - Rule 31AAA of the Bombay Sales Tax Rules, 1959 – manufacture and sale of jelly filled telephone cables. Held that: - the scheme will remain in operation for a period of five years from 1st April, 1983 to 31st March, 1988. Consistent with the objectives of the scheme, however, the Government may, at any time, make any amendments to the scheme. Any larger question much less about the legality and validity of the provisions need not be considered. The petition must succeed without examining the issue as to whether section 41D and Rule 31AAA can be held to be unconstitutional and ultra vires Articles 14 and 265 of the Constitution of India. The amended provisions cannot be invoked and applied in the present factual controversy. Decided in favor of petitioner / asseessee.
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