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    <title>2009 (4) TMI 845 - KARNATAKA HIGH COURT</title>
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    <description>Retrospective insertion of clause (e) in section 15(5) of the Karnataka Value Added Tax Act was held unconstitutional to the extent it fastened an unexpected additional composition liability on works contractors for the closed period from 1 April 2006 to 31 March 2007, with reassessment, interest and penalty consequences. The Court treated the composition scheme as an optional tax mode and found the retrospective burden arbitrary and oppressive because dealers could not practically comply after the event. Prospectively from 1 April 2007, however, the amendment was sustained as a permissible legislative adjustment within competence, rejecting challenges based on double taxation, discrimination and article 19(1)(g).</description>
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      <title>2009 (4) TMI 845 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=163916</link>
      <description>Retrospective insertion of clause (e) in section 15(5) of the Karnataka Value Added Tax Act was held unconstitutional to the extent it fastened an unexpected additional composition liability on works contractors for the closed period from 1 April 2006 to 31 March 2007, with reassessment, interest and penalty consequences. The Court treated the composition scheme as an optional tax mode and found the retrospective burden arbitrary and oppressive because dealers could not practically comply after the event. Prospectively from 1 April 2007, however, the amendment was sustained as a permissible legislative adjustment within competence, rejecting challenges based on double taxation, discrimination and article 19(1)(g).</description>
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