TMI Blog1991 (2) TMI 362X X X X Extracts X X X X X X X X Extracts X X X X ..... domos manufactured by the petitioner was a drug or medicine or a pharmaceutical preparation. If it was one of these then the rate would be 5 per cent and if not the rate would be 7 per cent. By order dated November 6, 1985, the Commissioner held that odomos could be subjected to tax only at the rate of 7 per cent as it was neither of the three items. An appeal was filed before the Sales Tax Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel for the applicant that it is a pharmaceutical preparation." The petitioner had filed an application under section 45(1) before the Tribunal on June 2, 1988. It also filed a special leave petition under article 136 to the Supreme Court. This special leave petition was dismissed as withdrawn. In the meantime, on November 16, 1988, the application under section 45(1) was dismissed on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessment was rectified](1). The Supreme Court held, after referring to its earlier decisions, that limitation has to be counted with effect from the date on which the [rectification order](2) was passed. In our opinion, the aforesaid principles would be attracted to the present case as well. An order of review is somewhat akin to an order of rectification. In the present case there was a mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when the order of reassessment was passed."-Ed. 2. "reassessment order".-Ed. be filed. In our opinion, therefore, the period of limitation should have been counted with effect from May 13, 1988. If this is so then it is not in dispute that the application was within time. As the petitioner's application under section 45(1) has been dismissed only on the ground of limitation and as we are not in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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