2016 (11) TMI 84

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....P.V.Sudakar, the learned counsel for the petitioner and Mr.S.Kanmani Annamalai, the learned Additional Government Pleader, appearing for the respondent. 2. In these Writ Petitions, the petitioner, who is a registered dealer on the file of the respondent under the provisions of the Tamil Nadu Value Added Tax Act, 2006 and the Central Sales Tax Act, has challenged the orders of assessments dated 30....

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....oner's selling price for all the goods purchased from the respective vendors (who have issued the credit not for discount as above) is more than the price charged by the vendors for the respective goods. It is further contended that there is absolutely no iota of proof that the petitioner has sold the goods at a price lower than its purchased price so as to embark on a revision of assessment. ....

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....m January 2007. The operative portion of the order reads as follows: "18. When we keep in mind the aforesaid parameters laid down by this Court in testing validity of retrospective operation of fiscal laws, we find that the amendment in-question fails to meet these tests. The High Court has primarily gone by the fact that there was no unforeseen or unforeseeable financial burden imposed for the ....

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...., cannot have retrospective effect, more so, when vested right had accrued in favour of these dealers in respect of purchases and sales made between January 01, 2007 to August 19, 2010. Thus, while upholding the vires of sub-section (20) of Section 19, we set aside and strike down Amendment Act 22 of 2010 whereby this amendment was given retrospective effect from January 01, 2007. 19. Appeals ar....