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2022 (7) TMI 189 - ORISSA HIGH COURTPurchase of goods at a concessional rate exclusively for the manufacturing purposes - Acceptance of Form IV - Whether the Petitioner is entitled to purchase goods for use in processing/manufacturing of transformers against declaration Form No.IV? - HELD THAT:- Once it is clear that the Department’s notification i.e. S.R.O. No.149 of 2001 was merely clarificatory, the Tribunal erred in holding that this is prospective in nature. The Court is satisfied therefore that the Tribunal has erred in proceeding to dismiss the appeal filed by the Petitioner. The question framed is accordingly answered in favour of the Assessee and against the Department. The impugned orders of the Tribunal and the corresponding orders of the ACST and the STO are hereby set aside - revision petition allowed.
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