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    <title>2011 (1) TMI 725 - RAJASTHAN HIGH COURT</title>
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    <description>An assessment order fixing excise liability remained final, and a later notice under Section 11A was confined to recovery of the crystallised balance. The doctrine of merger did not apply because the later proceedings were not appellate or revisional in nature and could not substitute or modify the original determination. Proceedings under Section 11A were treated as execution only, so the authority could not reopen settled liability or go behind the final order, even if a later case expressed a different legal view. The final determination therefore remained operative and enforceable, and the challenge to the recovery-related order failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=206491</link>
      <description>An assessment order fixing excise liability remained final, and a later notice under Section 11A was confined to recovery of the crystallised balance. The doctrine of merger did not apply because the later proceedings were not appellate or revisional in nature and could not substitute or modify the original determination. Proceedings under Section 11A were treated as execution only, so the authority could not reopen settled liability or go behind the final order, even if a later case expressed a different legal view. The final determination therefore remained operative and enforceable, and the challenge to the recovery-related order failed.</description>
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