Retrospective cancellation of exemption notification failed where section 8A(3-A) did not apply to the earlier notification.

Section 8A(3-A) applied only to a notification issued under section 8A(1)(a), and the earlier exemption notification on old gold and silver articles did not fall within that category. Because the statutory condition for retrospective cancellation was absent, the basis for reopening the assessment through rectification proceedings failed. The rectification notice was therefore not sustainable and was quashed.

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Issues: Whether the notice initiating rectification of assessment could be sustained on the basis that section 8A(3-A) retrospectively cancelled the earlier exemption notification relating to old gold and silver articles.

Analysis: Section 8A(3-A) operated only upon a notification issued under section 8A(1)(a). The earlier notification dated 10 September 1970 exempting purchase turnover in old gold and silver articles was not a notification issued under section 8A(1)(a), and that position was accepted on behalf of the respondents. Since the statutory condition for retrospective cancellation was absent, the foundation for reopening the assessment through rectification proceedings failed.

Conclusion: The notice issued for rectification could not be sustained and was quashed. The petitioner succeeded to that extent.

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