https://www.taxtmi.com/caselaws?id=28270 Paragraph 5(3) of the Tax Credit Certificate (Excise Duty on Excess Clearance) Scheme, 1965 was found to exceed the rule-making power under section 280ZE because the enabling provision allowed only machinery and ancillary rules, not a limitation period that extinguished the statutory benefit. The right to obtain a tax credit certificate on fulfilment of the prescribed conditions was treated as a substantive right, including the consequential adjustment or refund benefit. A 60-day bar on condonation could not defeat that right, and administrative delay in verification could not deprive the assessee of the statutory entitlement. The provision was held ultra vires and void, and the claim had to be considered on merits. en-us Wed, 09 Mar 1983 00:00:00 +0530 Thu, 30 Oct 2014 18:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=28270 Paragraph 5(3) of the Tax Credit Certificate (Excise Duty on Excess Clearance) Scheme, 1965 was found to exceed the rule-making power under section 280ZE because the enabling provision allowed only machinery and ancillary rules, not a limitation period that extinguished the statutory benefit. The right to obtain a tax credit certificate on fulfilment of the prescribed conditions was treated as a substantive right, including the consequential adjustment or refund benefit. A 60-day bar on condonation could not defeat that right, and administrative delay in verification could not deprive the assessee of the statutory entitlement. The provision was held ultra vires and void, and the claim had to be considered on merits. Case-Laws Income Tax Wed, 09 Mar 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=28270