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    <title>1961 (10) TMI 65 - ALLAHABAD HIGH COURT</title>
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    <description>A writ claim for refund was treated as barred by delay and laches because it was filed long after the assessment orders, and reliance on rectification or a later mistake-of-law ruling did not revive stale claims. On merits, dhotis, saris, chadars, towels, canvas, rags and fents were analysed as mill-produced fabric that had not been converted into a different commercial article. Mere size, shape, defect, or suitability for a particular use did not alter their essential character as cloth manufactured by mills, so they fell within the lower-rate notification and were not shown to have been wrongly taxed at the higher rate.</description>
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      <link>https://www.taxtmi.com/caselaws?id=128340</link>
      <description>A writ claim for refund was treated as barred by delay and laches because it was filed long after the assessment orders, and reliance on rectification or a later mistake-of-law ruling did not revive stale claims. On merits, dhotis, saris, chadars, towels, canvas, rags and fents were analysed as mill-produced fabric that had not been converted into a different commercial article. Mere size, shape, defect, or suitability for a particular use did not alter their essential character as cloth manufactured by mills, so they fell within the lower-rate notification and were not shown to have been wrongly taxed at the higher rate.</description>
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