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    <title>2017 (3) TMI 1651 - MADHYA PRADESH HIGH COURT</title>
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    <description>A later exemption notification could not retrospectively withdraw tax relief granted under an earlier notification where eligible non-conventional power units had already acted on the original benefit. The earlier notification contained no cut-off date, while the amendment introduced a cut-off date and additional conditions that would have defeated accrued exemption for units that had commenced generation before the change. The Court applied the principle that a vested or accrued exemption cannot be taken away retrospectively, even though the power to rescind exemption notifications exists, because such rescission operates prospectively. The retrospective effect of the amendment was therefore invalid to that extent, and the claim had to be reconsidered under the unamended notification.</description>
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    <pubDate>Fri, 24 Mar 2017 00:00:00 +0530</pubDate>
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      <title>2017 (3) TMI 1651 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200300</link>
      <description>A later exemption notification could not retrospectively withdraw tax relief granted under an earlier notification where eligible non-conventional power units had already acted on the original benefit. The earlier notification contained no cut-off date, while the amendment introduced a cut-off date and additional conditions that would have defeated accrued exemption for units that had commenced generation before the change. The Court applied the principle that a vested or accrued exemption cannot be taken away retrospectively, even though the power to rescind exemption notifications exists, because such rescission operates prospectively. The retrospective effect of the amendment was therefore invalid to that extent, and the claim had to be reconsidered under the unamended notification.</description>
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      <pubDate>Fri, 24 Mar 2017 00:00:00 +0530</pubDate>
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