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2019 (8) TMI 34 - HC - VAT and Sales TaxScope of amendment - Whether the Chhattisgarh Entry Tax (Amendment) Act, 2014 which was made effective from April 1, 2014 defining to the word "market value" will have a prospective effect or whether such amendment can be used retrospectively to reopen assessments already made, in exercise of power under sub-section (1) of section 22 of the Act, 2005? HELD THAT:- The court is informed that after the amendment, compliance by these companies are being made in terms of the new meaning having been given to the word "market value" under section 2(fff) of the Amendment Act, 2014, but to allow the assessing authorities to reopen past assessments on a new definition prospective in nature would be doing violence to law, as in our opinion, the amendment of 2014 in no manner can form the reason to believe which can permit the assessing authority to exercise power under section 22(1) of the Act, 2005. The amendment of 2014 is unworkable unless the State notifies the market value of "such goods" which has been done only on July 1, 2014. We therefore repel the argument made on behalf of the State that the definition so given to the word "market value" is only clarificatory and that by itself can be used as the basis for reopening the assessments which have attained finality prior to the amendment dated April 1, 2014. Appeal dismissed.
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