FINOLEX CABLES LIMITED Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioners seek a declaration that section 41D of the Bombay Sales Tax Act, 1959 amended by way of insertion by the Maharashtra Act No. XVI of 1995 called the Maharashtra Tax Laws (Levy and Amendment) Act, 1995 as also Rule 31AAA of the Bombay Sales Tax Rules, 1959 as ultra vires the constitution of India being beyond legislative competence of the Maharashtra State legislature, void and of no legal effect.

(2.) The declaration is claimed, according to the petitioners, because these provisions curtail/restrict/withdraw the sale tax incentives by way of deferral availed by the petitioners.

(3.) In the alternative and in the event this court were to uphold the constitutional validity of the above provisions, then, they ought to be read down so as not to affect the sales tax incentives by way of deferral as availed by the petitioners. They would pray that this court should, therefore hold that the availment of the petitioners is in accordance with Package Scheme of Incentives, 1983, the agreements entered into pursuant thereto, the eligibility certificate and the certificate of entitlement issued thereunder. This court, therefore, should call for the records and proceedings of the petitioners' case and to quash and set aside the notice Annexure 'S' to the petition. There are other prayers and writs which claim a restraint and prohibition against the respondents so as to prevent them from enforcing the notice.