https://www.taxtmi.com/caselaws?id=161813 A fiscal incentive scheme for new industrial units was upheld as valid because the Legislature had clearly set the policy of granting tax concession on raw materials used in manufacture and left only the identification or exclusion of specific items to delegated rules. Rule 2(f), which excluded coal from the definition of raw material, was therefore treated as a permissible exercise of ancillary rule-making power, not excessive delegation. The exclusion was also not treated as impermissibly retrospective, since the statutory scheme and refund provision operated subject to the State's power to prescribe excluded materials. On that basis, no refund or adjustment of tax paid on coal was available. en-us Wed, 14 May 2003 00:00:00 +0530 Thu, 06 Feb 2014 18:37:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=161813 A fiscal incentive scheme for new industrial units was upheld as valid because the Legislature had clearly set the policy of granting tax concession on raw materials used in manufacture and left only the identification or exclusion of specific items to delegated rules. Rule 2(f), which excluded coal from the definition of raw material, was therefore treated as a permissible exercise of ancillary rule-making power, not excessive delegation. The exclusion was also not treated as impermissibly retrospective, since the statutory scheme and refund provision operated subject to the State's power to prescribe excluded materials. On that basis, no refund or adjustment of tax paid on coal was available. Case-Laws VAT and Sales Tax Wed, 14 May 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=161813