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2010 (4) TMI 1023 - HC - VAT and Sales TaxCircular issued by the Commissioner of Commercial Taxes dated March 25, 2008, challenged Held that:- In view of our finding that the circular dated March 25, 2008 was issued on a consideration of the merits of the claim made by the petitioner, we are of the view that no interference is called for in the order passed by the learned single judge in W.P. No. 11130 of 2008 which was challenged at the instance of another manufacturer. Accordingly, W.A. No. 1152 of 2008 is dismissed. No costs. However, we make it clear that we are not giving any finding as to whether the synthetic fibre and synthetic fabric are one and the same or different commodities. It is open to the appellant in W.A. No. 1152 of 2008 to raise all those points before the assessing authority and it is for the authority to decide the issue on the merits and as per law.
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