https://www.taxtmi.com/caselaws?id=164277 Rule 43(4)(a) of the U.P. Trade Tax Rules, 1948, was upheld as intra vires because section 8(2A) of the U.P. Trade Tax Act, 1948, permits moratorium subject to conditions prescribed by rule, and the delegated provision operates independently of the exemption scheme under section 4A. The court also held that moratorium ceases on discontinuance of business under the rule, so a writ court cannot direct relaxation of that statutory condition or continue the benefit on grounds of parity or policy. The petitioner therefore had no enforceable right to retain the moratorium after discontinuance and transfer of the unit. en-us Fri, 23 May 2008 00:00:00 +0530 Sat, 06 Dec 2014 19:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164277 Rule 43(4)(a) of the U.P. Trade Tax Rules, 1948, was upheld as intra vires because section 8(2A) of the U.P. Trade Tax Act, 1948, permits moratorium subject to conditions prescribed by rule, and the delegated provision operates independently of the exemption scheme under section 4A. The court also held that moratorium ceases on discontinuance of business under the rule, so a writ court cannot direct relaxation of that statutory condition or continue the benefit on grounds of parity or policy. The petitioner therefore had no enforceable right to retain the moratorium after discontinuance and transfer of the unit. Case-Laws VAT and Sales Tax Fri, 23 May 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164277