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Issues: Whether the Commissioner could interfere with the assessment order under Section 46 of the Delhi Sales Tax Act when the statutory requirements for such interference were not satisfied.
Analysis: The order records that the Commissioner should not have interfered with the assessment order because the requirements of Section 46 were not complied with. The wider questions concerning the applicability of the Delhi Value Added Tax Act, 2004 and the repeal of the Delhi Sales Tax Act were expressly kept open and were not decided.
Conclusion: The interference with the assessment order under Section 46 was held to be impermissible, and relief on that issue was in favour of the assessee.