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    <title>2010 (12) TMI 1097 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Section 13(4) of the Andhra Pradesh VAT Act was upheld as a valid delegation because the Legislature had already fixed the policy of VAT and input tax credit as a conditional benefit, leaving only details to be prescribed by rule. Rule 20(2)(h) was also sustained to the extent it prospectively excluded natural gas, naphtha and coal from input tax credit, since the classification had a rational nexus with the statute&#039;s object and was not arbitrary. Its retrospective operation from 1 April 2005 was struck down, however, because no disclosed or rational basis justified withdrawing accrued credit for a completed period. The reassessment orders based on that retrospective denial were therefore set aside and remanded.</description>
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    <pubDate>Thu, 30 Dec 2010 00:00:00 +0530</pubDate>
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      <title>2010 (12) TMI 1097 - ANDHRA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=164989</link>
      <description>Section 13(4) of the Andhra Pradesh VAT Act was upheld as a valid delegation because the Legislature had already fixed the policy of VAT and input tax credit as a conditional benefit, leaving only details to be prescribed by rule. Rule 20(2)(h) was also sustained to the extent it prospectively excluded natural gas, naphtha and coal from input tax credit, since the classification had a rational nexus with the statute&#039;s object and was not arbitrary. Its retrospective operation from 1 April 2005 was struck down, however, because no disclosed or rational basis justified withdrawing accrued credit for a completed period. The reassessment orders based on that retrospective denial were therefore set aside and remanded.</description>
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      <pubDate>Thu, 30 Dec 2010 00:00:00 +0530</pubDate>
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