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    <title>1997 (7) TMI 619 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=159298</link>
    <description>A retrospective amendment reducing set-off under rule 41D could not operate from 1 July 1982 because subordinate legislation lacked authority for retrospective effect, so the assessee succeeded on that point. Set-off for despatches to the Silvassa branch was denied because registration under the Central Sales Tax Act was a mandatory condition under rule 41D(2)(iii), and non-registration barred relief. Additional tax under section 15-A(1) had to be computed after deducting available set-off under rule 41E, so reassessment was required. The retrospective amendment to rule 41E was upheld as a curative measure and not unconstitutional. Set-off under rule 41E read with rule 44D was to be computed on the purchase price basis, not the sale price, for the relevant inputs.</description>
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    <pubDate>Tue, 22 Jul 1997 00:00:00 +0530</pubDate>
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      <title>1997 (7) TMI 619 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=159298</link>
      <description>A retrospective amendment reducing set-off under rule 41D could not operate from 1 July 1982 because subordinate legislation lacked authority for retrospective effect, so the assessee succeeded on that point. Set-off for despatches to the Silvassa branch was denied because registration under the Central Sales Tax Act was a mandatory condition under rule 41D(2)(iii), and non-registration barred relief. Additional tax under section 15-A(1) had to be computed after deducting available set-off under rule 41E, so reassessment was required. The retrospective amendment to rule 41E was upheld as a curative measure and not unconstitutional. Set-off under rule 41E read with rule 44D was to be computed on the purchase price basis, not the sale price, for the relevant inputs.</description>
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      <pubDate>Tue, 22 Jul 1997 00:00:00 +0530</pubDate>
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