https://www.taxtmi.com/caselaws?id=164060 A fiscal incentive linked to acquisition of new fixed assets under the amended 1993 Package Scheme of Incentives could not be restricted by a pro rata production formula absent express authority. The substituted scheme provision omitted the earlier proportionate-use formula and did not permit year-wise limitation of benefits based on production attributable to the new assets. Neither the Bombay Sales Tax Act, 1959 nor the Bombay Sales Tax Rules, 1959 empowered the Deputy Commissioner to impose such a ceiling, and later-inserted section 41BB could not operate without prescribed rules. The entitlement certificate conditions limiting incentives to 59.84% of production were therefore impermissible and liable to be deleted. en-us Mon, 13 Oct 2008 00:00:00 +0530 Fri, 17 Aug 2018 15:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164060 A fiscal incentive linked to acquisition of new fixed assets under the amended 1993 Package Scheme of Incentives could not be restricted by a pro rata production formula absent express authority. The substituted scheme provision omitted the earlier proportionate-use formula and did not permit year-wise limitation of benefits based on production attributable to the new assets. Neither the Bombay Sales Tax Act, 1959 nor the Bombay Sales Tax Rules, 1959 empowered the Deputy Commissioner to impose such a ceiling, and later-inserted section 41BB could not operate without prescribed rules. The entitlement certificate conditions limiting incentives to 59.84% of production were therefore impermissible and liable to be deleted. Case-Laws VAT and Sales Tax Mon, 13 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164060