TMI Blog2022 (12) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... D) on textiles was exempted - HELD THAT:- It was perhaps not brought to the notice of the assessing authority that by a separate clarification dated 3rd May 2006 issued by the Department of Revenue, Ministry of Finance, Government of India, it was clarified that the AED would continue to be leviable on goods described in column (3) of the First Schedule to the ADE Act although the rate had beco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sa Value Added Tax Act, 2004 (OVAT Act). 2. The basis for the impugned assessment order is that by virtue of an amendment to the schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (ADE Act), Additional Excise Duty (AED) on textiles was exempted . Consequently, it was held that in terms of the Explanation to Schedule-B (Part-II) of the OVAT Act, textile fabrics ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30th September, 2007. As a result, textile fabrics would not be amenable to VAT in terms of Explanation to Schedule-B (Part-II) of the OVAT Act. 4. Since the very basis of the impugned assessment order stands removed by virtue of the clarification issued by the Central Government on 3rd May, 2006, the impugned assessment order is unsustainable in law and is hereby set aside. The writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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