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    <title>2018 (11) TMI 342 - BOMBAY HIGH COURT</title>
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    <description>A retrospective validating amendment to VAT incentive provisions may remain constitutionally valid, but it operates only where the exemption benefit was still subsisting. Where scheme documents and entitlement certificates treated a unit as a pioneer unit and no proportionate-capacity condition was imposed, the later amendment could not be used to deny exemption for sales made before its effective date after the sanctioned ceiling had already been fully exhausted under the unamended scheme. On the facts, the unit had consumed its cumulative benefit before the amendment took effect, so the assessment and demand were unsustainable.</description>
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    <pubDate>Mon, 29 Oct 2018 00:00:00 +0530</pubDate>
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      <title>2018 (11) TMI 342 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=369999</link>
      <description>A retrospective validating amendment to VAT incentive provisions may remain constitutionally valid, but it operates only where the exemption benefit was still subsisting. Where scheme documents and entitlement certificates treated a unit as a pioneer unit and no proportionate-capacity condition was imposed, the later amendment could not be used to deny exemption for sales made before its effective date after the sanctioned ceiling had already been fully exhausted under the unamended scheme. On the facts, the unit had consumed its cumulative benefit before the amendment took effect, so the assessment and demand were unsustainable.</description>
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      <pubDate>Mon, 29 Oct 2018 00:00:00 +0530</pubDate>
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