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    <title>1989 (10) TMI 223 - RAJASTHAN HIGH COURT</title>
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    <description>Delay in filing the review application was condoned, but the court found no error apparent on the face of the earlier judgment concerning exemption under section 9B(2) of the Rajasthan Sales Tax Act, 1954. It held that the earlier view placing the burden on the assessee to show that tax had been paid by the commission agent was not inconsistent with the observation that the assessing or appellate authority may, where necessary, use powers under section 24 to ascertain the truth. Those powers were discretionary, not mandatory in every case, and the assessee had no right to compel their exercise. The review was therefore not maintainable on merits.</description>
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    <pubDate>Mon, 23 Oct 1989 00:00:00 +0530</pubDate>
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      <title>1989 (10) TMI 223 - RAJASTHAN HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=156498</link>
      <description>Delay in filing the review application was condoned, but the court found no error apparent on the face of the earlier judgment concerning exemption under section 9B(2) of the Rajasthan Sales Tax Act, 1954. It held that the earlier view placing the burden on the assessee to show that tax had been paid by the commission agent was not inconsistent with the observation that the assessing or appellate authority may, where necessary, use powers under section 24 to ascertain the truth. Those powers were discretionary, not mandatory in every case, and the assessee had no right to compel their exercise. The review was therefore not maintainable on merits.</description>
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      <pubDate>Mon, 23 Oct 1989 00:00:00 +0530</pubDate>
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