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2016 (3) TMI 384 - HC - VAT and Sales TaxRe-assessment based on clarafication - KVAT - applicability of the clarification to the respective assessment in question whether prospective or retrospective has not been considered. - in the clarification different products different rates were prescribed - Held that:- all the lower Authority from the stage of the Assessing Authority till the Revisional Authority, have not examined the aforesaid aspect of applicability and the prospective effect or retrospective effect of the clarification and hence such being the peculiar circumstances, we find that remanding of the matter to the Assessing Authority would be more appropriate instead to the Revisional Authority. When vital aspects of the applicability of the clarification whether retrospectively or prospectively is not considered and the same is found to be sufficient by this Court for exercise of the discretion to remand the matter, the same as such it cannot be read that the Court has made any conclusive observation. Still, however, suffice it to observe that all rights and contentions of the parties before the Assessing Authority shall remain open. The impugned Order passed by the Assessing Authority and subsequent orders arising therefrom including that of the Revisional Authority are quashed and set aside with a further direction that the matters shall stand restored to the Assessing Authority for examining the matter in the light of the observations made by this Court in the present Judgment and in accordance with law. - Decided partly in favor of assesseee.
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