9911796707
TMI Blog2009 (9) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... e package scheme the petitioners fell in an area which was notified as Group D Area. In terms of the said Scheme as the petitioners had set up an industrial unit in D Area they were entitled to benefit of nine years in terms of the Scheme. 2. An Ordinance came to be issued being Ordinance No.8 of 1995 which was promulgated on 8th June, 1995 whereby Section 41C was introduced in the Bombay Sales Tax Act. By this amendment Section 41C (1)(a) was introduced for the first time. It provided that a certificate of entitlement issued in favour of an eligible unit in respect of a package scheme of incentive shall cease on the happening of the event as set out therein. Monetary ceiling was provided in terms of the relevant package scheme. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 41C as substituted by Maharashtra Act 16 of 1995. By the amendment to Section 41C(1)(a) the following words were dropped: "exceeds, on or after the date of commencement of Maharashtra Tax Laws (Levy and Amendment) Act, 1995" and substituted the following words: "as calculated from 1st October, 1995 exceeds". The petitioners have not challenged this subsequent amendment though it is retrospective with effect from 1st October, 1995. It is needless to point out that the effect of substitution means repeal followed by re-enactment. 5. At the hearing of this petition on behalf of the petitioner learned Counsel submits that the Maharashtra Act 16 of 1995 is both unreasonable and contrary to the doctrine of promissory estoppel and o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d unreasonable and on that count also the provisions impugned should be declared to be unconstitutional. 7. To consider the challenge firstly we must consider the provisions as it stand. As pointed out earlier Act 16 of 1995 in so far as it pertained to petitioners was substituted Act 21 of 1996. Act 21 of 1996 is not the subject matter of the present petition. The entitlement certificate issued to the petitioners is for the period from 1st April, 1989 to 31st March, 1998. The amendment of 1996 covers the period when Act 16 of 1995 was in operation. In other words for all purposes what is in force from 1st October, 1995 is the Section as substituted by Act 21 of 1996. That is not the subject matter of the present challenge before us. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
