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    <title>1986 (11) TMI 49 - HIGH COURT OF JUDICATURE AT MADRAS</title>
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    <description>A retrospective Explanation to Rule 9 of the Central Excise Rules was upheld as constitutionally valid and within legislative competence, because retrospective tax legislation may cure ambiguity or remove an infirmity where the Legislature is competent to enact it. Section 51 of the Finance Act, 1982 was treated as a valid validating provision with retrospective effect. No conflict was found between the Explanation and the definition of &quot;place of removal&quot; in Section 4(4)(b) of the Central Excises and Salt Act, as the provisions operate in different fields and can be harmoniously construed. The challenge to the excise amendment therefore failed and the validation remained undisturbed.</description>
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    <pubDate>Tue, 18 Nov 1986 00:00:00 +0530</pubDate>
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      <title>1986 (11) TMI 49 - HIGH COURT OF JUDICATURE AT MADRAS</title>
      <link>https://www.taxtmi.com/caselaws?id=41843</link>
      <description>A retrospective Explanation to Rule 9 of the Central Excise Rules was upheld as constitutionally valid and within legislative competence, because retrospective tax legislation may cure ambiguity or remove an infirmity where the Legislature is competent to enact it. Section 51 of the Finance Act, 1982 was treated as a valid validating provision with retrospective effect. No conflict was found between the Explanation and the definition of &quot;place of removal&quot; in Section 4(4)(b) of the Central Excises and Salt Act, as the provisions operate in different fields and can be harmoniously construed. The challenge to the excise amendment therefore failed and the validation remained undisturbed.</description>
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      <pubDate>Tue, 18 Nov 1986 00:00:00 +0530</pubDate>
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