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2011 (7) TMI 1030 - KERALA HIGH COURTWhether the appellant's product, namely, fan hooks made of stainless steel rods, fall under any of the specific entries of the Third Schedule as claimed by the appellant? Held that:- We uphold the impugned clarification declaring the rate of tax on the stainless steel fan hooks as 12.5 per cent under section 6(l)(d) of the Act. However, the learned Government Pleader referred to the amendment made with effect from April 1, 2008, whereunder the proviso to section 94(8) providing for prospective effect of clarification is taken away. So much so, the appellant's contention that the clarification has to be applied prospectively cannot be accepted. However, since the clarification is issued only pursuant to the judgment after relevant year, we direct the respondents to waive the interest, provided the appellant clears the arrears of tax within three months from now. However, the waiver granted need not be treated as a proceedings for the Department in other cases.
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