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2015 (3) TMI 258 - HC - VAT and Sales TaxClassification - petitioner's contends that the thermoplastic road marking material is classified for the Central Excise under entry 38069090, and accordingly the same would fall under entry 145 for the purpose of VAT Act - Held that:- Unless anything there is inconsistent under the notification with respect to any commodity, the description of such commodity for the purpose of central excise would be accepted. We notice that the same product "rosin and resin acids and derivatives thereof; rosin spirit and rosin oils; run gums" is classified under entry 38.06 under Central Excise Tariff Act. We notice that the manufacturer from whom the petitioner procures such product, classifies the product for the purpose of central excise under entry 38069090. This is also the classification and description, the petitioner's invoices contained. - Thus, there is sufficient material for the petitioner to contend prima facie that its declaration of the product falling under entry 42A of the II Schedule is correct. The tax already collected is sufficient to meet with the petitioner's tax liability. - Resultantly, the subsequent orders insisting on providing Bank Guarantees for lifting such orders would also be rendered invalid. The respondents shall release the Bank Guarantees - Petition is disposed of.
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