https://www.taxtmi.com/caselaws?id=285312 The Karnataka High Court considered whether the amendment inserting Section 40(1A) in the Mysore Sales Tax Act was within legislative competence, whether a time-barred remedy for escaped assessment could be revived by retrospective amendment, and whether the amended provision and validating clause violated Article 14. It held that retrospective and validating tax legislation is permissible within legislative power, that colourable legislation turns on competence rather than motive, and that limitation bars the remedy without extinguishing the underlying liability. It also found the classification of assessees to be based on a real distinction with a rational nexus to preventing tax escape. The amended and validating provisions were upheld and the petitions dismissed. en-us Wed, 31 Jul 1963 00:00:00 +0530 Tue, 07 Jan 2020 15:40:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285312 The Karnataka High Court considered whether the amendment inserting Section 40(1A) in the Mysore Sales Tax Act was within legislative competence, whether a time-barred remedy for escaped assessment could be revived by retrospective amendment, and whether the amended provision and validating clause violated Article 14. It held that retrospective and validating tax legislation is permissible within legislative power, that colourable legislation turns on competence rather than motive, and that limitation bars the remedy without extinguishing the underlying liability. It also found the classification of assessees to be based on a real distinction with a rational nexus to preventing tax escape. The amended and validating provisions were upheld and the petitions dismissed. Case-Laws Indian Laws Wed, 31 Jul 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285312