SHALINI PHANSALKAR JOSHI, J. - (1.) The challenge in this writ petition is to the Constitutional validity of Sections 41B of the Maharashtra Sales Tax Act, 1959 ('Act' for short), as also Rule 31AA of the Maharashtra Sales Tax Rules, 1959, as amended from time to time ('Rules' for short), to the extent of their retrospective application, from 01.01.1980.
(2.) The petitioners have also challenged the validity of assessment orders passed on 20.10.1995. However, challenge to the same is, subsequently, given up by learned counsel for the petitioners as the petitioners have already preferred the appeals against the said assessment orders before the competent appellate authority under the Act. The challenge raised in the petition to Constitutional validity of Section 41C of the Act is also subsequently not pressed into submission.
(3.) The basic dispute raised in this petition is, when an unit is established as per the Government Resolution dated 04.05.1983 which provides for a mechanism to calculate the Notional Tax Liability of the unit covered under Package Scheme of Incentives, 1983 ('1983 Scheme' for short), whether a different mechanism for calculating the Notional Sales Tax Liability can be introduced with retrospective effect from 01.01.1980 by inserting Section 41B to the Act and Rule 31AA to the Rules, so as to defeat the rights vested in the units established under the 1983 Scheme prior to the insertion of Rule 31AA.;